Case Note & Summary
The appellant-plaintiff filed a suit for specific performance of an agreement for sale dated 6th June 1974, whereby the respondent-defendant agreed to sell suit land for Rs.3,000. The plaintiff claimed that he had paid Rs.300 as part of the consideration. The trial court and first appellate court dismissed the suit, holding that the plaintiff failed to prove payment of Rs.300 and therefore was not ready and willing to perform his part of the contract. The plaintiff appealed to the High Court. The High Court framed substantial questions of law: (b) whether failure to prove payment of Rs.300 amounts to unwillingness to perform; (c) whether Exhibit 59, a pursis filed by the plaintiff asserting willingness to pay the balance of Rs.500, is sufficient to show readiness and willingness; and (d) whether specific performance can be refused solely because the assertion of payment of Rs.300 is not proved. The High Court held that the plaintiff's failure to prove payment of a small part of consideration does not necessarily indicate unwillingness. The plaintiff's express willingness to pay the balance, as evidenced by Exhibit 59, is sufficient to show readiness and willingness. The court cannot refuse specific performance solely on the ground that the part payment claim is not proved. The High Court allowed the appeal, set aside the judgments of the lower courts, and decreed the suit for specific performance. The plaintiff was directed to deposit the balance consideration of Rs.2,700 within three months, and the defendant was directed to execute the sale deed.
Headnote
A) Specific Relief Act, 1963 - Section 16(c) - Readiness and Willingness - Failure to prove payment of a small part of consideration does not necessarily indicate unwillingness to perform the contract - The court must consider the plaintiff's overall conduct and express willingness to pay the balance - Held that the plaintiff's assertion of payment of Rs.300 out of Rs.3,000, even if not proved, does not disentitle him to specific performance if he otherwise shows readiness and willingness (Paras 1-3). B) Specific Relief Act, 1963 - Section 16(c) - Readiness and Willingness - Exhibit 59 (pursis) - A pursis filed by the plaintiff specifically asserting willingness to pay the balance purchase price of Rs.500 is sufficient to show readiness and willingness - The court must consider such documentary evidence of willingness (Paras 1-3). C) Specific Relief Act, 1963 - Section 20 - Discretion of Court - Refusal of specific performance - The court cannot refuse specific performance solely on the ground that the plaintiff's claim of part payment is not proved - The discretion must be exercised judicially, considering the plaintiff's overall readiness and willingness (Paras 1-3).
Issue of Consideration
Whether failure to prove payment of a small part of consideration amounts to unwillingness to perform the contract, and whether a plaintiff can be refused specific performance solely on the ground that his assertion of payment of Rs.300 is not proved.
Final Decision
The High Court allowed the appeal, set aside the judgments and decrees of the trial court and the first appellate court, and decreed the suit for specific performance. The plaintiff was directed to deposit the balance consideration of Rs.2,700 within three months, and the defendant was directed to execute the sale deed in favor of the plaintiff.
Law Points
- Specific performance
- readiness and willingness
- part payment
- burden of proof
- Section 16(c) Specific Relief Act
- 1963
