FOR A DECREE OF SPECIFIC PERFORMANCE TO BE GRANTED, READINESS AND WILLINGNESS TO BE PROVED BY PLAINT

SUKHWINDER SINGH  Vs. JAGROOP SINGH & ANR. CIVIL APPEAL NO. 760 OF 2020 (Arising out of SLP (Civil) No.10949 of 2019) – January 28, 2020

CORAM : The two judge bench comprising of Justice R.Banumathi and A.S. Bopanna. The Appellant in this case was Defendant 2, Respondent 1 was the plaintiff, Respondent 2 herein was Defendant 1in the suit.

The case of the plaintiff is that the land in dispute was agreed to be sold for Rs.1,40,000 as total consideration. Subsequently the plaintiff has paid Rs.69,500 as earnest money. The plaintiff instituted the suit seeking for decree of possession by way of specific performance of the Agreement of Sale executed by defendant No.1 in favour of the plaintiff agreeing to sell the land. The plaintiff also prayed to set aside the sale deed executed by Defendant 1 in favour of Defendant2 stating it to be null and void and further proclaimed that it did not bind him. An alternative suit was filed by the plaintiff to recover the money. The Defendant failed to appear and ex-parte order was passed.

The learned counsel contented that in these the suit being the one for specific performance of the contract on payment of the balance sale consideration, the readiness and willingness was required to be proved by the plaintiff and was to be considered by the Courts below as a basic requirement if a decree for specific performance is to be granted.

With regard to execution of the agreement, the court noted that the evidence to prove readiness and willingness to pay off balance consideration was insufficient. It also held all the three concurrent lower court judgments to be an apparent error.

The suit being the one for specific performance of  the contract on payment of the balance sale consideration, the readiness and willingness was required to be proved by the plaintiff and was to be considered by the Courts below as a basic requirement if a decree for specific performance is to be granted.

Therefore the appeal was allowed in part.The orders of the Lower Appellate Court and the High Court to the extent of granting Specific Performance was set aside. The appellant was directed to pay amount to the plaintiff.

View/ Download the Judgment: SUKHWINDER SINGH Vs. JAGROOP SINGH & ANR.

– Saral. M

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