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M. S. SONAK
Mathurabai – Appellant
Versus
Amresh – Respondent
JUDGMENT/ORDER
1. This Appeal is directed against the concurrent Judgments and Decrees dated 1552013 and 17122014 passed by the Trial Court and the First Appellate Court, decreeing Special Civil Suit No. 312004A for specific performance of an Agreement for sale dated 10122003, instituted by Respondent No.1 (Plaintiff).
2. This Second Appeal was admitted by an order dtd. 25/3/2015 on the following substantial questions of law
(ii) Whether the courts below erred in directing the Appellants to complete the m
The main legal point established in the judgment is that the appellant's failure to demonstrate readiness and willingness to perform his part of the contract resulted in the denial of specific perfor....
The Plaintiff must prove continuous readiness and willingness to perform a contract for specific performance, and time can be made of the essence through express terms or circumstances.
Agreement to sell – A vendee who failed to prove his readiness and willingness to perform his part of obligations is disentitled from seeking specific performance.
Agreement to Sell – Time would remain essence of contract and buyer cannot take unusually long time to fulfil his part of commitment.
The plaintiffs must prove their readiness and willingness to perform their part of the contract in order to be entitled to the relief of specific performance.
Time is not the essence of a contract for sale of immovable property unless expressly stated; mere delay does not bar specific performance if circumstances justify it.
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