Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K.VISHEN, NIRAL R.MEHTA
Hareshbhai Manjibhai Kheni – Appellant
Versus
Navnitbhai Babubhai Khalashi – Respondent
ORDER :
SANGEETA K. VISHEN, J.
Order in First Appeal:
1. Mr Jigar P. Raval, learned advocate appearing for the appellant – original plaintiff, submitted that an agreement – Exhibit 91 was executed between the plaintiff on one hand and the defendants on the other which, was with respect to Block no.409/1. It is submitted that certain amount was paid in cash and through cheques. It is submitted that during this period, an amount of Rs.21 lacs was paid to the defendants in furtherance of the agreement; however, since nothing was heard that the suit for specific performance was filed by the appellant – original plaintiff in the year 2008 seeking specific performance which, now has been dismissed, inter alia, on the ground that Agreement to Sell is not signed by all the co-owners. It is also submitted that in the year 2014, there was a status quo granted and the matter traveled up to the High Court and in the Appeal from Order, this Court, directed maintenance of the status quo till the final disposal of the suit and hence, the same, has continued all throughout. Even after dismissal of the suit, the same has been extended up to tomorrow i.e. up to 17.01.2025.
2. It is further submitted tha
In specific performance actions, plaintiffs must demonstrate readiness and willingness to fulfill contractual obligations; failing this, the claim may be dismissed.
Party praying for specific performance of a contract has to prove on record availability of balance sale consideration on date when it was required to be paid.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
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.
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 main legal point established in the judgment is that a party's readiness and willingness to perform an agreement to sell are crucial factors in determining entitlement to specific performance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
