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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Dipak Verma S/o Shri Sukhan Verma – Appellant
Versus
Harish Yadav S/o Late Maituram Yadav – Respondent
JUDGMENT :
Radhakishan Agrawal, J.
1. This is Plaintiff's First Appeal preferred under Section 96 of Code of Civil Procedure (hereinafter referred to as 'CPC') questioning the legality and validity of the judgment and decree dated 09.07.2019 passed by the learned 6th Additional District Judge, Bilaspur, C.G. in Civil Suit No.128-A/2015, whereby the suit for specific performance of contract has been allowed partly.
2. Briefly stated the facts of the case are that on 04.12.2013, the defendants entered into an agreement (Ex.P-1) with the plaintiff for sale and purchase of their land bearing Khasra No.747/2 and 1447/1 area 0.065 and 0.0154 hectares situated at PH No.29 (19/29) R.I. Circle Bilaspur (for short, 'the suit land'). It is pleaded that under the said agreement, out of total sale consideration of Rs.12,00,000/-, a sum of Rs.6,00,000/- has been paid by the plaintiff to the defendants as earnest money and the defendants agreed to get prepared documents for execution and registration of sale-deed in plaintiff's favour within a period of five months. It was further pleaded that as per agreement dated 04.12.2013, the defendants/respondents shall handover the vacant possession of the l
In order to obtain specific performance of a contract, the plaintiff must prove their readiness and willingness to perform their part of the contract, as mandated by Section 16 of the Specific Relief....
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 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.
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
A plaintiff must demonstrate continuous readiness and willingness to perform a contract to obtain specific performance, as required by law.
To secure a decree for specific performance, plaintiffs must demonstrate continuous readiness and willingness, supported by credible evidence, amidst a contract that specifies actionable terms.
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
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