Case Note & Summary
The case involves a suit for specific performance of an agreement to sell agricultural land. The plaintiffs (respondents) entered into an agreement with the original defendant (appellant) on 15-06-1985 for sale of land for Rs. 1,10,000, receiving Rs. 1,000 as earnest money. The plaintiffs alleged that the defendant failed to execute the sale deed despite repeated requests and readiness to pay the balance. The trial court decreed the suit, and the first appeal was dismissed. In second appeal, the defendant argued that the plaintiffs failed to prove readiness and willingness. The High Court examined the evidence, including the plaintiffs' financial capacity and conduct, and held that the concurrent findings were based on proper appreciation of evidence. The court dismissed the appeal, finding no substantial question of law.
Headnote
A) Specific Relief Act - Specific Performance - Readiness and Willingness - Section 16(c) Specific Relief Act, 1963 - The plaintiff must prove continuous readiness and willingness to perform his part of the contract from the date of agreement till the decree. The court held that the plaintiff had proved his financial capacity and readiness to pay the balance consideration, and the concurrent findings of fact cannot be disturbed in second appeal unless perverse. (Paras 1-10) B) Civil Procedure Code - Second Appeal - Substantial Question of Law - Section 100 CPC - The High Court cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence. The court found no substantial question of law involved. (Paras 1-10)
Issue of Consideration
Whether the concurrent findings of fact regarding readiness and willingness of the plaintiff to perform his part of the contract can be interfered with in second appeal under Section 100 of CPC.
Final Decision
Second Appeal dismissed. Decree for specific performance confirmed.
Law Points
- Specific performance
- readiness and willingness
- concurrent findings
- substantial question of law
- Section 16(c) Specific Relief Act
- 1963
- Section 100 CPC
