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ANANT RAMANATH HEGDE
Mohammed Farughuddin – Appellant
Versus
Ramachandra Balu Shinde – Respondent
JUDGMENT :
Mr. Anant Ramanath Hegde, J. - The Plaintiff filed a suit for the specific performance of a contract to enforce the agreement for sale dated 20.07.2006. In the alternative, Rs. 11,51,000/- with interest @ 15% per annum is claimed towards refund of earnest amount and damages.
2. The plaintiff claims Rs. 5 lakhs is paid as advance consideration amount, on 20.07.2006 by PW-1, the power of attorney holder of the plaintiff, and the balance Rs. 6,51,000/- was to be paid at the time of registration of the sale deed. The agreement stipulated six months to complete the sale transaction.
3. The plaintiff pleaded that he was always ready and willing to perform his part of the contract and the defendant did not come forward to execute the sale deed.
4. The defendant resisted the suit. The defendant admitted execution of the agreement. However, took a plea that the time was the essence of the contract. The defendant further contends that the plaintiff did not pay the balance consideration amount within six months as stipulated. The defendant claimed that he orally revoked the agreement for sale dated 20.07.2006 as the transaction is not completed within six months.
5. The trial Court has
The court affirmed that time is the essence of a contract for the sale of immovable property, requiring the plaintiff to prove readiness and willingness to perform, which he failed to do.
(1) Though, principle that time is not essence of contract in a suit for specific performance of immovable property deserves its consideration in appropriate cases, said principle cannot be applied a....
Time is of the essence in contracts for sale of immovable property; failure to act within stipulated time undermines claims for specific performance.
Time is of the essence in specific performance agreements; the plaintiff must prove readiness and willingness to execute the contract, which was not established in this case.
Specific performance requires continuous proof of readiness and willingness, which was found lacking in this case, leading to a dismissal of the claim.
Continuous readiness and willingness to perform the contract is a condition precedent for obtaining the relief of specific performance under Section 16(c) of the Specific Relief Act.
(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
Time is generally not considered essence in immovable property contracts; refusal to perform requires consideration of readiness alongside equitable claims for refund.
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