Case Note & Summary
The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 24.05.2002, wherein the defendants agreed to sell suit properties for Rs.5,50,000 and received Rs.5,00,000 as advance. The balance of Rs.50,000 was to be paid within six months. The plaintiff alleged that despite his readiness and willingness, the defendants evaded execution. The trial court dismissed the suit, holding that the plaintiff failed to prove readiness and willingness. On appeal, the High Court re-appreciated the evidence, including the plaintiff's deposit of balance consideration and legal notice, and held that the plaintiff had proved his case. The court allowed the appeal, set aside the trial court's decree, and decreed the suit for specific performance with costs.
Headnote
A) Specific Relief Act, 1963 - Section 16(c) - Readiness and Willingness - 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 plaintiff had proved his readiness and willingness by depositing the balance sale consideration and issuing legal notice, and the trial court erred in dismissing the suit (Paras 10-20). B) Civil Procedure Code, 1908 - Section 96 - Appeal against decree - Appellate court can re-appreciate evidence and interfere with findings of fact if perverse or based on no evidence - The court re-appreciated the evidence and found that the trial court's conclusion was against the weight of evidence (Paras 5-9).
Issue of Consideration
Whether the plaintiff was ready and willing to perform his part of the contract and whether the trial court erred in dismissing the suit for specific performance.
Final Decision
Appeal allowed. Judgment and decree of trial court dated 29.06.2009 in O.S.No.128 of 2004 set aside. Suit decreed for specific performance with costs. Defendants directed to execute sale deed within two months on payment of balance consideration.
Law Points
- Specific performance
- readiness and willingness
- burden of proof
- Section 16(c) Specific Relief Act
- 1963
- Section 96 CPC
