Case Note & Summary
The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his favor for a property in Hubballi. The trial court dismissed the suit, holding that the appellant failed to prove the agreement and his readiness and willingness to perform. On appeal, the High Court affirmed the dismissal, noting that the appellant did not examine any attesting witnesses or produce credible evidence of financial capacity. The court emphasized that the burden of proof under Section 16(c) of the Specific Relief Act, 1963, requires the plaintiff to show continuous readiness and willingness, which was not established. The appeal was dismissed with no order as to costs.
Headnote
A) 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 date of decree. The court held that the appellant failed to adduce sufficient evidence to show financial capacity and willingness to pay the balance sale consideration. (Paras 10-15) B) Specific Performance - Burden of Proof - Section 101 Evidence Act, 1872 - The burden lies on the plaintiff to prove the agreement and his performance. The court found that the appellant did not examine any independent witnesses or produce credible documents to prove the agreement or his readiness. (Paras 16-20) C) Civil Procedure - Appeal against Dismissal of Suit - Section 96 CPC - The appellate court will not interfere with findings of fact unless perverse or based on no evidence. The trial court's dismissal was upheld as the appellant failed to make out a case for specific performance. (Paras 21-25)
Issue of Consideration
Whether the appellant/plaintiff proved his readiness and willingness to perform his part of the contract and whether the agreement to sell dated 05.12.2008 was genuine and enforceable.
Final Decision
The appeal is dismissed. The judgment and decree dated 14.08.2014 passed in O.S. No.365/2012 by the III Additional Senior Civil Judge, Hubli, are confirmed. No order as to costs.
Law Points
- Specific performance
- readiness and willingness
- burden of proof
- Section 16(c) Specific Relief Act
- 1963
- Section 96 CPC
