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SUNIL DUTTA MISHRA
Radha Krishna Prasad – Appellant
Versus
Ram Bilas Prasad – Respondent
Sunil Dutta Mishra, J.—Heard learned counsel for the parties.
2. The present appeal under Section 96 of Code of Civil Procedure has been preferred against the Judgment and decree dated 29.11.2007 passed by learned Subordinate Judge IV, Patna in Title Suit No.35 of 2004 (15 of 2006) whereby and whereunder the suit filed on behalf of plaintiff/appellant has been dismissed on contest without cost.
3. For the sake of convenience, the parties shall be referred to in terms of their status before the trial Court. Defendant nos.2 and 3/respondent nos.2 and 3, who are sons of defendant no.1 (hereinafter referred as defendant), were minor at the time of filing of suit, became major.
4. The case of plaintiff/appellant, in short, is that the defendant being owner agreed to sell the disputed land mentioned in Appendix-I of the plaint to the plaintiff for Rs.1,05,000/- per kattha, totalling for two kattha Rs.2,10,000/- in respect of which the plaintiff paid Rs.60,000/- as earnest money to the defendant and an agreement for sale was executed in favour of the plaintiff on 25.01.2002 wherein it was agreed that within six months from the date of the agreement, on receipt of the balance consideration am
A plaintiff in a specific performance suit must prove continuous readiness and willingness to perform their contractual obligations throughout, as mandated by Section 16(c) of the Specific Relief Act....
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
The appellate court emphasized that specific performance requires proof of the plaintiff's readiness and willingness to perform the contract, which was not adequately addressed by the trial Court.
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
The plaintiff must independently prove both 'readiness' and 'willingness' to perform under Section 16(c) of the Specific Relief Act to succeed in a suit for specific performance.
Continuous readiness and willingness to perform a contract is essential for obtaining specific performance; mere execution of an agreement and issuance of notices do not suffice.
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
In a suit for specific performance, the plaintiff must prove continuous readiness and willingness to perform the contract, supported by evidence of ownership and financial capability.
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