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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J
Sharifa Dost Mohammed (Deleted) – Appellant
Versus
Ajit Developers Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal against specific performance (Para 1) |
| 2. details of the agreement (Para 2) |
| 3. defendants' failure to respond (Para 3) |
| 4. trial court's findings (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 5. defendants' objections (Para 10) |
| 6. plaintiffs' defense (Para 11 , 12) |
| 7. discussion on evidence (Para 13) |
| 8. proof of documents (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 9. trial court's reliance on evidence (Para 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 10. outcome of the appeal (Para 46) |
JUDGMENT :
2. The suit came to be filed against the legal heirs of one Dost Muhammad Ata Muhammed, who was the executant of the Agreement of Sale dated 19th January 1995 by which the deceased Dost Muhammed had agreed to sell the suit property bearing Survey No. 42 Hissa No. 2 admeasuring about 1594 sqr. Mtrs. situated at village Vile Parle, Taluka Andheri, District Mumbai Suburban. The plaint pleaded that as per the Agreement for Sale, the agreed sale consideration was Rs. 8,51,000/- out of which a sum of Rs. 65,000/- was agreed to be paid on or before the execution of the agreement of sale, 25% of the total consideration as red
The court affirmed that specific performance of an agreement can be granted when the plaintiff proves execution and readiness to perform, despite the defendant's failure to file a written statement.
Plaintiff failed to establish valid contract and continuous readiness for specific performance under Specific Relief Act.
The plaintiff must demonstrate both readiness and willingness to perform a contract for specific performance, including financial capacity, and agreements must be duly stamped to be enforceable.
The court upheld that an agreement to sell not duly stamped is inadmissible in evidence, and emphasized the necessity of proving continuous readiness and willingness for granting specific performance....
Specific performance of a contract for the sale of immovable property can be granted even if the final layout has not been sanctioned, provided the plaintiff has proven the existence of the agreement....
A valid agreement for specific performance requires clear intent and consistent evidence of readiness and willingness from the plaintiff to execute the contract, which was not established in this cas....
Party praying for specific performance of a contract has to prove on record availability of balance sale consideration on date when it was required to be paid.
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