Specific performance can be denied if the plaintiff does not demonstrate readiness and willingness to complete the contract within the agreed timeframe.

JUDGMENT :

C.M. POONACHA, J.

The present appeal is filed under Section 96 of Code of Civil Procedure, 1908, by the defendant No.1 calling in question the judgment and decree dated 05.03.2024 passed in OS No.49/2020 by the Senior Civil Judge and JMFC, Hagaribommanahalli, [Hereinafter referred to as ‘the Trial Court’], whereunder, the suit for specific performance filed by the respondent No.1/plaintiff has been decreed by the Trial Court.

2. The parties are referred to as per their ranking before the Trial Court for the sake of convenience.

3. It is the case of the plaintiff that the defendant No.1 is the absolute owner of the property bearing Sy.No.388/B measuring 0-95 cents situated at Chintrapalli Village, Ballari District, [Hereinafter referred to as ‘suit property’]. That the defendant No.1 agreed to sell the suit property in favour of the plaintiff for a total sale consideration of Rs.71,00,000/-. Accordingly, the plaintiff and defendant No.1 entered into an agreement of sale dated 11.09.2018, wherein the plaintiff paid an advance of Rs.10,10,000/- and agreed to pay the balance amount of Rs.60,90,000/- within five months from the date of the agreement and agreed to execute the sale deed consequent to receipt of balance sale consideration.

4. It is the further case of the plaintiff that he was ready and willing to complete the sale transaction and, in fact, he was waiting at the Sub-Registrar Office, however, the defendant No.1 did not turn up on the date fixed. That on 16.02.2019, the defendant No.1 issued a notice calling upon the plaintiff to complete the sale transaction, which was duly replied by the plaintiff vide a reply dated 07.05.2019. It is the further case of the plaintiff that, he was ready and willing to pay the balance sale consideration of Rs.60,90,000/-, and that the defendant No.1 has committed breach of agreement. Subsequently, the defendant No.1 has sold sites formed in the suit property to defendant Nos.2 to 4 vide registered Sale Deeds dated 27.06.2019 and 30.06.2019. That the plaintiff got issued a legal notice dated 28.08.2020, calling upon the defendant No.1 to receive the balance sale consideration and complete the sale transaction in terms of the agreement dated 11.09.2018. Since the defendant No.1 failed to comply with the demand vide the legal notice dated 28.08.2020, the plaintiff has filed the suit seeking specific performance of the agreement of sale.

5. The defendant Nos.1 to 4 entered appearance through their counsel and contest the suit by filing their written statement. The execution of the agreement and the receipt of advance amount of Rs.10,10,000/- was admitted. It is the specific case of defendant No.1 that, since he was in urgent need of money, he entered into the agreement of sale dated 11.09.2018, and despite lapse of five months mentioned in the agreement, since the plaintiff did not come forward to pay the balance sale consideration and complete the sale transaction, he got issued a legal notice dated 16.02.2019, despite which the plaintiff did not come forward to pay the balance sale consideration and complete the sale transaction. That having no other option, the defendant No.1 alienated the portions of suit property in favour of defendant Nos.2 to 4. Hence, the defendant No.1 sought for dismissal of the suit.

6. The Trial Court consequent to the pleadings of the parties framed the following issues:

“ISSUES

1) Whether the plaintiff proves that, the 1^st defendant being the owner of the schedule property agreed to sell the same for a valuable consideration of Rs.71,00,000/- and executed unregistered agreement of sale dated: 11.09.2018 by receiving an advance consideration amount of Rs.10,10,000/-?

2) Whether the def