Case Note & Summary
The case involves a second appeal arising from a decree for specific performance of an agreement for sale dated 6/2/1980. The suit property, Municipal House No.819 in Solapur, admeasuring 29 sq. yards, was agreed to be sold by the defendants (appellants) to the plaintiffs (respondents) for Rs.18,000/-. An amount of Rs.8,000/- was paid as part consideration at the time of the agreement. The plaintiffs filed Regular Civil Suit No.713 of 1980 seeking specific performance, which was decreed by the 2nd Joint Civil Judge, Junior Division, Solapur on 21/3/1987. The defendants' appeal (Civil Appeal No.390 of 1987) was dismissed by the Additional District Judge, Solapur on 8/3/1991. The defendants then filed this second appeal. The High Court framed the substantial question of law: whether the discretion to decree specific performance has been properly exercised. The court noted that the plaintiffs had paid part consideration and were ready and willing to perform their part of the contract. The defendants failed to execute the sale deed. The High Court found no perversity in the findings of the courts below and held that the discretion was properly exercised. The second appeal was dismissed, confirming the decree for specific performance.
Headnote
A) Specific Performance - Discretion of Court - Readiness and Willingness - Specific Relief Act, 1963, Section 20 - The court examined whether the trial and appellate courts properly exercised their discretion in decreeing specific performance of an agreement for sale. The plaintiff had paid part consideration and was ready to pay the balance. The defendants failed to execute the sale deed. The High Court held that the discretion was properly exercised based on evidence of the plaintiff's readiness and willingness, and no interference was warranted. (Paras 1-3)
Issue of Consideration
Whether the discretion to decree specific performance has been properly exercised by the courts below.
Final Decision
Second appeal dismissed; decree for specific performance confirmed.
Law Points
- Specific performance
- discretion of court
- readiness and willingness
- agreement for sale
- part payment
