Case Note & Summary
The appellant (original plaintiff) filed a suit for specific performance of a contract of sale of 6 acres of agricultural land (Gat No. 69/A) situated at Sangvi, Tahsil Shripur, District Dhule. The defendant had agreed to sell the property for Rs. 22,000. The trial court dismissed the suit, and the first appellate court affirmed the dismissal, directing the defendant to return the earnest money but holding the plaintiff liable for mesne profits. The High Court in second appeal heard both sides and dismissed the appeal, finding no substantial question of law. The court noted that the concurrent findings of fact were not perverse and that the plaintiff failed to establish readiness and willingness to perform the contract.
Headnote
A) Specific Relief - Specific Performance of Contract - Section 20 of the Specific Relief Act, 1963 - The plaintiff sought specific performance of an agreement to sell 6 acres of agricultural land. The trial court and first appellate court dismissed the suit, finding that the plaintiff failed to prove readiness and willingness to perform his part of the contract. The High Court in second appeal upheld the concurrent findings, holding that no substantial question of law arose. (Paras 1-3)
Issue of Consideration
Whether the plaintiff is entitled to specific performance of the contract of sale of agricultural land and whether the concurrent findings of the courts below are perverse or suffer from any substantial question of law.
Final Decision
The High Court dismissed the second appeal, upholding the judgments and decrees of the trial court and first appellate court.
Law Points
- Specific performance
- Contract of sale
- Earnest money
- Mesne profits
- Concurrent findings
- Second appeal
Case Details
2016 LawText (BOM) (06) 1
Second Appeal No. 255 of 2004 with Civil Application No. 7582 of 2011
Mr. S.C. Bora & Mr. S.S. Bora for appellants; Mr. S.P. Brahme for respondent Nos. 1 to 4
Babulal Harchand Beldar (since deceased, through L.Rs.)
Sitaram Kathu Borse (Dhobi) (since deceased, through L.Rs.)
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Nature of Litigation
Civil suit for specific performance of contract of sale of agricultural land.
Remedy Sought
Plaintiff sought decree of specific performance of contract of sale of 6 acres of agricultural land.
Filing Reason
Defendant agreed to sell the suit property for Rs. 22,000 but failed to execute the sale deed.
Previous Decisions
Trial court dismissed the suit; first appellate court dismissed the appeal but directed return of earnest money and held plaintiff liable for mesne profits.
Issues
Whether the plaintiff is entitled to specific performance of the contract of sale.
Whether the concurrent findings of the courts below are perverse or suffer from any substantial question of law.
Submissions/Arguments
Appellant argued that the courts below erred in dismissing the suit for specific performance.
Respondent supported the concurrent findings and argued that no substantial question of law arises.
Ratio Decidendi
In a second appeal, the High Court will not interfere with concurrent findings of fact unless they are perverse or based on no evidence. The plaintiff failed to prove readiness and willingness to perform the contract, and thus specific performance was rightly denied.
Judgment Excerpts
The suit filed by present appellant for relief of specific performance of contract of sale of agricultural land is dismissed by the Courts below.
The Appellate Court has given direction to defendant to return back the earnest money, but the plaintiff is held to be liable to pay the mesne profit.
Procedural History
The suit was filed in the Court of Civil Judge, Junior Division, Shripur as Regular Civil Suit No. 77/1986. It was dismissed. The plaintiff appealed to the District Court, Dhule in Regular Civil Appeal No. 151/1996, which was also dismissed. The present second appeal was filed in the High Court.
Acts & Sections
- Specific Relief Act, 1963: Section 20
