Case Note & Summary
The dispute arose from an appeal against a judgment and decree for specific performance of a contract. The plaintiffs, who were the respondents, claimed that the defendant had agreed to sell property for Rs. 1,50,001/- and executed an agreement for sale on 25.11.1985. They asserted that they paid an advance of Rs. 1,501/- and that the remaining consideration would include adjustments from mortgage deeds totaling Rs. 31,000/-. The defendant denied the agreement and the advance payment, asserting that he only executed one mortgage deed for Rs. 6,000/-. The trial court found in favor of the plaintiffs regarding the agreement and mortgage deeds but ruled that the plaintiffs owed Rs. 1,48,500/- after adjusting only the advance. The defendant appealed, arguing that the plaintiffs failed to demonstrate continuous readiness and willingness to perform their part of the contract as required by Section 16(c) of the Specific Relief Act. The plaintiffs contended that their payment of court fees on the total consideration indicated their readiness. The court analyzed the evidence and concluded that the plaintiffs did not prove their readiness to pay the full amount required. Consequently, the appeal was allowed, the trial court's decree was set aside, and the suit was dismissed, with each party bearing their own costs.
Headnote
A) Specific Relief - Specific Performance - Readiness and Willingness - Section 16(c) Specific Relief Act, 1963 - Plaintiffs failed to prove continuous readiness and willingness to perform their part of the contract as they only claimed readiness to pay Rs. 1,17,500/- instead of the required Rs. 1,48,500/-. The court held that the plaintiffs did not meet the statutory requirement for specific performance, leading to the dismissal of their suit (Paras 20-21).
Issue of Consideration
Whether the plaintiffs' relief for specific performance of contract is barred by Section 16(c) of the Specific Relief Act and whether the court below rightly decided the point of readiness and willingness.
Final Decision
The appeal was allowed, the trial court's decree was set aside, and the suit was dismissed. Each party was directed to bear their own costs.
Law Points
- specific performance
- readiness and willingness
- Section 16(c) Specific Relief Act
- agreement for sale
- mortgage adjustment
