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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 :
1. The present appeal has been preferred by the Original Defendants against the Judgment and Order dated 21st September, 2024 passed by the City Civil Court at Mumbai in S. C. Suit No. 6169 of 2005, decreeing the suit by granting the relief of specific performance of agreement of sale dated 19th January, 1995. For sake of convenience, the parties are referred to by their status before the Trial Court.
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 sui
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....
The appellate court must respect trial court findings unless clear errors exist, particularly regarding the existence and terms of contractual agreements and the parties' readiness to perform.
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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