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SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE DIPANKAR DATTA, HON'BLE MR. JUSTICE MANMOHAN
Sangita Sinha – Appellant
Versus
Bhawana Bhardwaj & Ors. – Respondent
JUDGMENT :
MANMOHAN, J.
1. Leave granted.
2. The primary issue that arises for consideration in the present civil appeal is whether a suit for specific performance of an Agreement to Sell is liable to be decreed if the buyer had accepted the refund of majority of the earnest money deposit/advance consideration, during the pendency of the civil suit?
3. Brief facts leading to the present appeal are as under:-
3.1. Late Kushum Kumari (“original defendant” / “seller”) was allotted the subject property by the People's Cooperative House Construction Society Limited (“Society”) vide a registered sub-lease Signature Not Verified dated 2nd April 1968.
3.2. On 25th January 2008, an unregistered Agreement to Sell with respect to the subject property was executed between the “Respondent No.1-buyer”-plaintiff and the seller for a total sale consideration of Rs. 25,00,000/- (Rupees Twenty Five Lakhs). At the time of the execution of the Agreement to Sell, the Respondent No.1- buyer paid a sum of Rs.2,51,000/- (Rupees Two Lakh Fifty One Thousand) in cash to the seller and issued three post-dated cheques worth Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand).
3.3. It is the case of Respondent No.1-buyer
A suit for specific performance is not maintainable if the buyer accepted the refund of earnest money and failed to seek declaratory relief against the cancellation of the agreement.
(1) Agreement to Sell – Suit for Specific Performance – ‘Readiness’ and ‘willingness’ are not one but two separate elements – Continuous readiness and willingness on part of Respondent No.1-buyer fro....
(1) Agreement to Sell – Suit for Specific Performance cannot be decreed where conduct of buyer does not inspire confidence in granting her discretionary relief of specific performance.(2) An agreemen....
The subsequent rise in price and the defendant's resistance were not valid grounds to deny the relief of specific performance. The trial court rightly exercised its discretion in granting the relief ....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform the contract, and failure to do so can result in the dismissal of the suit.
The appellate court determines that non-disclosure of an earlier mortgage does not impede specific performance claims if the plaintiff proves readiness and willingness.
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
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