Case Note & Summary
The appellant, Jaspal Singh, entered into an Agreement to Sell dated 22.06.2003 with the respondent, Ashwani Kumar, for purchase of 12 marlas of land with a factory in village Gowar/Gohwar, Tehsil Phillaur, District Jalandhar, Punjab. The respondent, a co-owner, agreed to sell his half share for Rs.12,50,000/-. An earnest money of Rs.9,00,000/- was paid. The sale deed was to be executed by 22.06.2004, later extended to 22.07.2004 by a further agreement dated 21.06.2004. The appellant filed a suit for specific performance. The trial court decreed the suit. The first appellate court affirmed. The High Court, in Regular Second Appeal, reversed the decree, holding that the appellant failed to prove the agreement and his readiness and willingness. The review petition was dismissed. The Supreme Court considered whether the appellant proved the execution of the agreement. The Court noted discrepancies in the appellant's evidence regarding the payment of earnest money and the date of the agreement. The Court held that the appellant failed to discharge the burden of proof. The Supreme Court dismissed the appeals, affirming the High Court's judgment.
Headnote
A) Specific Relief - Agreement to Sell - Proof of Execution - Section 16(c) Specific Relief Act, 1963 - The plaintiff must prove the execution of the agreement and his readiness and willingness to perform. The court found discrepancies in the plaintiff's evidence regarding payment of earnest money and the date of agreement, leading to the conclusion that the agreement was not proved. (Paras 1-10) B) Evidence - Burden of Proof - Preponderance of Probabilities - The burden lies on the plaintiff to prove the agreement. The High Court's finding that the plaintiff failed to discharge this burden was upheld by the Supreme Court. (Paras 5-10)
Issue of Consideration
Whether the appellant-plaintiff proved the execution of the Agreement to Sell dated 22.06.2003 and was ready and willing to perform his part of the contract, entitling him to specific performance.
Final Decision
The Supreme Court dismissed the appeals, affirming the High Court's judgment which set aside the decree for specific performance.
Law Points
- Specific Performance
- Agreement to Sell
- Burden of Proof
- Section 16(c) Specific Relief Act
- 1963
- Readiness and Willingness
- Preponderance of Probabilities
