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HIGH COURT OF CHHATTISGARH AT BILASPUR
Smt. Justice Rajani Dubey, Shri Justice Narendra Kumar Vyas, JJ
Trilokchandra Siadara S/o Atalram Sidara – Appellant
Versus
Vidyawati Kashyap D/o Late Ramswaroop Kashyap – Respondent
ORDER :
(Narendra Kumar Vyas, J.)
1. This First Appeal has been preferred by the appellant/plaintiff against the judgment and decree dated 29.08.2019 passed by Additional District Judge, Bilaspur, District Bilaspur in Civil Suit No. 24-A/2018 (Trilokchandra v. Smt Vidyawati and others) by which learned trial Court has dismissed the suit filed by the plaintiff for specific performance of contract.
2. For the sake of convenience, the parties would be referred to hereinafter as per their status shown in the suit before the trial Court.
3. The plaintiff has filed the suit for specific performance of contract mainly contending that:-
(a) The defendant No. 1 is the owner of the land bearing Khasra No. 61/3 area 0.58 Acre and defendant No. 2 is the owner of land bearing khasra No. 57/1 area 0.54 acre situated at Mangala P.H. No. 21/25, Tahsil and District Bilaspur. (hereinafter referred to suit land). A registered agreement was executed on 08.08.2011 between the plaintiff and the defendants for sale of suit land for total sale consideration of Rs. 48,00,000/-. In pursuance of agreement the plaintiff has paid Rs. 5,00,000/- as advance amount to the defendants.
(b) It has been contended that as p
The plaintiff must demonstrate continuous readiness and willingness to perform a contract for specific performance; failure to do so justifies dismissal of the suit.
Relief of refund in specific performance cases must be specifically claimed in the plaint, or it cannot be granted by the court.
Point of Law : Agreement of Sale - On the basis of such admission, though the Court denied the specific performance, has granted relief of recovery of such amount from the defendant.
If a plaintiff fails to demonstrate continuous readiness and willingness to perform a contract, relief for specific performance can be denied despite filing within the limitation period.
(1) Though, principle that time is not essence of contract in a suit for specific performance of immovable property deserves its consideration in appropriate cases, said principle cannot be applied a....
Limitation periods for enforcing contractual agreements are strict; a plaintiff must demonstrate readiness and willingness to perform obligations, or the suit may be dismissed as time-barred.
Specific performance requires continuous proof of readiness and willingness, which was found lacking in this case, leading to a dismissal of the claim.
(1) Agreement to Sell – Suit for Specific Performance – Plaint may be amended at any stage of proceedings to enable plaintiff to seek alternative relief, including that of refund of earnest money and....
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