Case Note & Summary
The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 09.03.2006 for 51 cents of land at Rs.25,000 per cent. He paid Rs.4,80,000 as advance. The agreement fixed one year for completion. The plaintiff alleged that the defendant evaded execution despite his readiness. The trial court dismissed the suit, finding the plaintiff not ready and willing. On appeal, the High Court affirmed, holding that the plaintiff failed to prove continuous readiness and willingness as required under Section 16(c) of the Specific Relief Act, 1963. The court noted that time was not of essence but the plaintiff's conduct, including lack of evidence of funds and delay, disentitled him to discretionary relief. The appeal was dismissed with no order as to costs.
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 failed to demonstrate such readiness as he did not produce evidence of sufficient funds or steps taken to complete the sale. (Paras 10-25) B) Contract Law - Time of Essence - Sale Agreement - Time fixed for performance was one year, but the court held that time was not of the essence in this agreement for sale of immovable property. However, the plaintiff's conduct in delaying and not showing readiness disentitled him to specific performance. (Paras 15-20) C) Evidence Act - Burden of Proof - Readiness and Willingness - Section 101 Evidence Act, 1872 - The burden is on the plaintiff to prove readiness and willingness. The plaintiff's failure to produce bank statements or other evidence of financial capacity led to the inference that he was not ready. (Paras 22-28)
Issue of Consideration
Whether the plaintiff was ready and willing to perform his part of the contract and whether he is entitled to the discretionary relief of specific performance.
Final Decision
Appeal dismissed. Judgment and decree of trial court dated 31.08.2017 in O.S.No.78 of 2010 confirmed. No order as to costs.
Law Points
- Specific performance
- Readiness and willingness
- Time not of essence
- Conduct of plaintiff
- Discretionary relief
- Section 16(c) Specific Relief Act
- 1963
- Burden of proof
- Continuous readiness
