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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Mahender Pal Chhabra – Appellant
Versus
Subhash Aggarwal – Respondent
| Table of Content |
|---|
| 1. background of agreement for sale (Para 1 , 2 , 3) |
| 2. arguments on readiness and willingness (Para 4 , 9 , 10) |
| 3. court's assessment of plaintiff's readiness (Para 11 , 12) |
JUDGMENT :
ANIL KSHETARPAL, J.
1. The Appellants have preferred the present Appeal assailing the correctness of the judgment dated 15.02.2021 [hereinafter referred to as the “Impugned Judgment”] while decreeing the suit of the Respondent for specific performance of an Agreement to Sell [hereinafter referred to as the “ATS”], executed on 22.01.2008, in respect of the residential house bearing No. C-20, Ashok Vihar, Phase-I, Delhi-110052, on payment of the balance sale consideration of Rs. 5,21,00,000/- (Rupees Five Crores Twenty-One Lakhs only).
Brief Factual Matrix:
2. The sale consideration was pegged at Rs. 6,11,00,000/- (Rupees Six Crores Eleven Lakhs only). The execution of the ATS on receipt of Rs. 60,00,000/- (Rupees Sixty Lakhs only) as earnest money is admitted by the parties. An additional payment of Rs. 30,00,000/- (Rupees Thirty Lakhs only) on 24.03.2008 is also not in dispute. It was agreed between the parties that the sale deed would be executed on 10.05.2008, after the Appellants [defend
Readiness and willingness to perform a contract must coexist for enforcing specific performance under the Specific Relief Act; failure to prove financial capability negates entitlement to specific pe....
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.
Continuous readiness and willingness on the part of the plaintiff is a condition precedent for obtaining relief of grant of specific performance, as mandated by Section 16(c) of the Specific Relief A....
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
The court affirmed that specific performance can be decreed if the plaintiff proves readiness and willingness, and the burden of proof shifts once a prima facie case is established.
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
Plaintiffs must provide clear evidence of readiness and willingness backed by fund availability to claim specific performance of a contract, as mere statements are insufficient.
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