Case Note & Summary
The plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant Balasubramanian agreed to sell suit properties for Rs.5 lakhs. The plaintiff paid an advance of Rs.10,000 and agreed to pay the balance of Rs.4,90,000 within 69 days. The plaintiff alleged that the first defendant colluded with the second defendant (plaintiff's brother's wife) and executed a sale deed in her favor. The trial court dismissed the suit, holding that the plaintiff failed to prove readiness and willingness to perform the contract. The first appellate court confirmed the decree. In second appeal, the High Court examined whether any substantial question of law arose. The court noted that the plaintiff did not deposit the balance amount or demonstrate financial capacity. The concurrent findings of fact were not perverse. The High Court dismissed the second appeal, holding that no interference was warranted under Section 100 CPC.
Headnote
A) Civil Procedure Code - Second Appeal - Section 100 CPC - Interference with Concurrent Findings - The High Court cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence - The courts below concurrently held that the plaintiff failed to prove readiness and willingness to perform the contract - No substantial question of law arises (Paras 1-20). B) Specific Relief Act - Specific Performance - Section 16(c) - Readiness and Willingness - Plaintiff must plead and prove continuous readiness and willingness to perform his part of the contract - The plaintiff's failure to deposit balance sale consideration or show financial capacity negates his claim - Held that the courts below rightly dismissed the suit (Paras 3-20).
Issue of Consideration
Whether the High Court under Section 100 of CPC can interfere with concurrent findings of fact regarding readiness and willingness to perform the contract in a suit for specific performance.
Final Decision
The Second Appeal is dismissed. No costs. The judgments and decrees of the courts below are confirmed.
Law Points
- Specific performance
- Readiness and willingness
- Concurrent findings of fact
- Section 100 CPC
- Section 16(c) Specific Relief Act
- 1963
