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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, SACHIN SINGH RAJPUT
Padam Jain, S/o Shri Gyanmal Jain – Appellant
Versus
Hemrai (Died) Through Legal Heirs – Respondent
JUDGMENT :
Rajani Dubey, J.
Challenge in this appeal is to the legality and validity of the judgment and decree dated 2nd February, 2018 passed in Civil Suit No.62-A/2015 whereby the suit filed by the petitioners/plaintiffs for specific performance of contract has been dismissed. For the sake of convenience, parties shall hereinafter be referred to as per their description before the trial Court.
02. Briefly stated, case of the plaintiffs is that there is a land situated at Village-Pulgaon, PHN 18/25, Khasra No.193/1, area 1.676 hectare in the joint ownership of defendants No. 1 to 5. Defendants No. 1 to 3 on behalf of their sisters defendants No. 4 & 5 entered into an agreement with the plaintiffs for sale of the aforesaid land on 30.9.2014 @ Rs.38 lacs per acre and as an advance, Rs.2 lac cash and one post-dated cheque of Rs.3 lacs of Syndicate Bank, Branch-Durg was received. On the date of execution of the agreement, it was agreed between the parties that Rs.20 lacs shall be paid by 10.11.2014 and after receiving rest of the amount of sale consideration within six months from the date of execution of agreement i.e. 30.9.2014, registered sale deed shall be executed either in the nam
Specific performance requires all parties' consent in an agreement; plaintiffs must prove readiness and willingness to fulfill contractual obligations.
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.
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
Time is of the essence of the contract and the plaintiff was not ready and willing to perform its part of the contract in terms of the agreement.
Parties must continuously demonstrate readiness and willingness to perform a contract to successfully claim specific performance; defendants' denial of contract validity shifts the burden of proof on....
Specific performance requires continuous proof of readiness and willingness, which was found lacking in this case, leading to a dismissal of the claim.
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