The plaintiff must prove continuous readiness and willingness to perform the contract, as mandated by Section 16(c) of the Specific Relief Act, in order to obtain the relief of specific performance.

JUDGMENT :

This appeal is filed by the plaintiff challenging the judgment and decree dated 3.4.2006 passed in O.S.No.5651/1997 by the V Addl. City Civil Judge, Bengaluru City, dismissing the suit. Parties are referred to as per their rankings before the Trial Court. The appellant herein is the plaintiff and the respondent is the defendant.

2. Brief facts leading rise to filing of this appeal are as under:

The plaintiff filed a suit for specific performance of the contract in respect of the suit schedule property contending that the defendant is the owner of the suit schedule property; he agreed to sell the suit schedule property in favour of the plaintiff by executing agreement of sale dated 11.11.1992 for a consideration of Rs.1,33,250/- and the plaintiff has paid a sum of Rs.1,30,000/- towards part consideration amount and that the plaintiff offered to pay a sum of Rs.3,252/- towards the balance consideration amount. It is further contended that when the plaintiff requested the defendant to receive the balance consideration amount and execute the registered sale deed in his favour, the defendant had refused to receive the balance consideration amount and failed to execute registered sale deed. Hence, cause of action arose for the plaintiff to file a suit for specific performance of contract.

2.1. The defendant appeared and filed written statement admitting ownership of the suit schedule property and admitted that the plaintiff had entered into an agreement on 11.11.1992 for purchase of six and half sites out of 14 guntas of land belonging to him and that the plaintiff had paid a sum of Rs.75,000/- as advance to him and subsequently paid Rs.25,000/- on 14.2.1993 and that except the above payments, the plaintiff has not paid any amount to him.

The defendant has contended that time being the essence of contact, the plaintiff did not complete the terms and conditions of the agreement by paying the balance amount within the stipulated period. In spite of expiry of time, the plaintiff has not made any attempt to pay the balance as per the terms of the agreement. Advance amount paid by the plaintiff has been forfeited due to non-performance of the contract by the plaintiff. Further, the defendant has never executed the acknowledgement of receipt on the agreement of sale on 28.7.1994, confirming sale of sites.

Further, the defendant has denied that the plaintiff has paid a sum of Rs.1,00,000/- and that he is due a sum of Rs.3,250/-. The defendant contended that the plaintiff has created forged agreement in continuation of the earlier agreement and also forged the signature of the defendant on the last page of the agreement by inserting typed matter alleging the transaction and confirmation and also the witnesses mentioned are unknown to the defendant. It was further contended that the plaintiff was not ready and willing to perform his part of the contract and hence, prayed to dismiss the suit.

2.2. The Trial Court on the basis of the pleadings of the parties framed the following issues :

1. Whether the plaintiff proves that defendant was agreed to sell the suit schedule property for a valuable consideration of Rs.1,32,250/- and received an advance amount of Rs.75,000/- by executing an agreement of sale dated 11/11/1992?

2. Whether the plaintiff proves that the defendant further received a sum of Rs.25,000/- on 14.2.1993 and Rs.20,000/- on 31.3.1993 and Rs.10,000/- on 28/7/1994?

3. Whether the plaintiff proves that he has been always ready and willing to perform his part of the contract?

4. Whether the plaintiff proves that he was put in possession of the suit schedule property in part performance of the contract?

5. Whether the plaintiff proves the alleged obstruction caused by the plaintiff for peaceful possession and enjoyment of the suit schedule property?

6. Whether the time is the essence of the contract?

7. Is plaintiff entitle the relief of specific performance of contract?

8. Is plaintiff entitle the relief of permanent injunction?

9. What