Case Note & Summary
The appellant, Shrikrishna Ganuji Sonone, filed a suit for specific performance of an agreement to sell an agricultural field (Gat No.36, admeasuring 1.20 hectare) situated at Bramhanwada, Taluka Shegaon, District Buldhana, for a consideration of Rs.17,000/-. The appellant claimed that the respondent, Vitthal s/o Shankar Bajre, agreed to sell the field due to financial needs and received Rs.5,000/- as earnest money. The respondent denied the agreement and contended that the appellant was not ready and willing to perform. The trial court decreed the suit, but the first appellate court set aside the decree. The High Court, in second appeal, initially allowed the appeal and restored the trial court's decree. However, the Supreme Court set aside that judgment and remitted the matter for fresh disposal on merits. On remand, the High Court framed substantial questions of law regarding the validity of the agreement, readiness and willingness, and the discretion to grant specific performance. The court analyzed the evidence, including the testimony of the appellant and the attesting witness, and found that the agreement was proved. The court held that the appellant had shown readiness and willingness by depositing the balance consideration in court and filing the suit promptly. The court also noted that the respondent failed to prove any valid reason to deny specific performance. Consequently, the High Court allowed the appeal, set aside the first appellate court's judgment, and decreed the suit for specific performance with costs.
Headnote
A) Specific Relief Act - Specific Performance - Agreement to Sell - Readiness and Willingness - The plaintiff must prove continuous readiness and willingness to perform his part of the contract from the date of agreement till the decree, as required under Section 16(c) of the Specific Relief Act, 1963. The court held that the appellant had proved his readiness and willingness by depositing the balance consideration and filing the suit promptly. (Paras 10-15) B) Specific Relief Act - Specific Performance - Discretion of Court - Section 20 - The court's discretion to grant specific performance must be exercised judicially, considering all circumstances. The court held that there was no valid reason to deny specific performance as the agreement was proved and the plaintiff was ready and willing. (Paras 16-18) C) Evidence Act - Burden of Proof - Agreement to Sell - The burden is on the plaintiff to prove the agreement and his readiness and willingness. The court found that the appellant had discharged this burden by cogent evidence. (Paras 7-9)
Issue of Consideration
Whether the appellant/plaintiff is entitled to a decree of specific performance of the agreement to sell the suit field, and whether the appellant has proved his readiness and willingness to perform his part of the contract.
Final Decision
The appeal is allowed. The judgment and decree of the District Judge, Khamgaon in Regular Civil Appeal No.68 of 1988 dated 14.10.1997 are set aside. The decree of specific performance passed by the trial court in Regular Civil Suit No.86 of 1987 dated 22.4.1988 is restored. The respondent is directed to execute the sale deed within three months from the date of the judgment, failing which the appellant may get it executed through court. No order as to costs.
Law Points
- Specific performance
- Agreement to sell
- Earnest money
- Readiness and willingness
- Section 16(c) Specific Relief Act
- 1963
- Section 20 Specific Relief Act
