Case Note & Summary
The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 16.09.2007, by which the defendant agreed to sell agricultural lands totaling 12 acres 72 cents for Rs.10,49,400/-. The plaintiff paid an advance of Rs.1,00,000/- and subsequently paid further amounts totaling Rs.3,60,000/-. The agreement stipulated completion within one month. The plaintiff alleged that the defendant postponed execution due to family disputes and gave promise letters in 2014. The plaintiff issued a legal notice on 28.03.2014 and filed the suit in 2015. The trial court dismissed the suit, holding that the plaintiff failed to prove readiness and willingness and that the suit was barred by limitation. On appeal, the Madras High Court affirmed the dismissal. The court analyzed the evidence, noting that the plaintiff did not produce any documents to show financial capacity or that he was ready to pay the balance consideration. The court also found that the suit was filed beyond three years from the date fixed for performance (one month from 16.09.2007), and the promise letters did not extend the limitation period. The court held that the plaintiff failed to discharge the burden under Section 16(c) of the Specific Relief Act, 1963, and dismissed the appeal with costs.
Headnote
A) Specific Relief Act - Specific Performance - Readiness and Willingness - Section 16(c) of the 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 plaintiff failed to adduce evidence of financial capacity and did not prove readiness and willingness. (Paras 10-15) B) Limitation Act - Suit for Specific Performance - Article 54 of the Limitation Act, 1963 - The suit must be filed within three years from the date fixed for performance. The agreement fixed one month for completion, but the suit was filed in 2015, beyond the period of limitation. The court held that the suit was barred by limitation. (Paras 16-18) C) Evidence Act - Burden of Proof - Section 101 of the Indian Evidence Act, 1872 - The burden lies on the plaintiff to prove readiness and willingness. The court held that the plaintiff failed to discharge this burden. (Paras 10-15)
Issue of Consideration
Whether the plaintiff has proved his readiness and willingness to perform his part of the contract and whether the suit for specific performance is maintainable.
Final Decision
The appeal is dismissed with costs. The judgment and decree of the trial court dated 17.07.2017 in O.S.No.10 of 2015 are confirmed.
Law Points
- Specific performance
- Readiness and willingness
- Section 16(c) Specific Relief Act
- 1963
- Burden of proof
- Continuous readiness
- Sale agreement
- Advance payment
- Limitation
- Part performance
