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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA, J.
Manjeet Singh S/o Shri Gurbaksh Singh Jatsikh – Appellant
Versus
Charanjeet Kaur W/o Shri Indrajeet Singh Jatsikh – Respondent
S.B. Civil First Appeal No. 245 of 2022
Decided On : 14-03-2023
Contract - Suit for specific performance - Permanent injunction - Appeal preferred against judgment and decree whereby suit for specific performance of contract and permanent injunction has been decreed – Plaintiff was not in position to pay balance consideration to defendant.
Finding of the Court :
Hon’ble Apex Court held that once vendor had specifically admitted execution of agreement to sell and receipt of advance sale consideration, no further evidence or proof was required - Ratio would not apply to matter as herein, defendant specifically denied receipt of any sale consideration under agreement in question - Moreover, herein is a case where plaintiff has miserably failed even to prove payment of sale consideration - Court cannot loose sight of fact that it was an admitted case of defendant that he had taken a loan from plaintiff’s husband and same remained unpaid - Court does not find any ground to affirm judgment as passed by learned trial Court and same is therefore reversed - Judgment and is hereby set aside.
Result: Suit dismissed.
ORDER :
1. The present first appeal has been preferred against the judgment and decree dated 23.03.2022 passed by the Additional District Judge No. 2, Sriganganagar in Civil Original Suit No. 06/2018 whereby the suit for specific performance of the contract and permanent injunction has been decreed.
2. Brief facts of the case are as under:
3. It was further averred in the plaint that on the date fixed for execution of the sale deed i.e. 20.11.2017, the defendant sought a month’s more time to execute the same and on his request, the next date for execution of the registered sale deed was fixed for 10.12.2017. An endorsement to the effect was also made at the back of the agreement to sell. On 11.12.2017, the plaintiff went to the office of Sub-Registrar with complete documents and the remaining consideration amount with an intention to pay the same to the defendant and to get the sale deed registered in her favour but the defendant Manjeet Singh did not come to the office of the Sub-Registrar and therefore, the sale deed could not be executed and registered. Therefore, on the very next date i.e. 12.12.2017, a notice, calling upon the defendant to get the sale deed registered in her favour was served upon the defendant and when the same was not responded to, the present suit was instituted with a prayer for specific performance of the contract and also for an injunction to restrain the defendant from alienating the suit property.
4. A written statement was filed by the defendant-Manjeet Singh and he categorically denied the receipt of the amount of Rs. 9,00,000/- on 20.08.2016 qua consideration. It was the case of the defendant that the agreement to sell dated 19.07.2017 was a document for security purposes executed by him under duress. In fact, the defendant had taken an amount of Rs. 2,00,000/- as loan from the plaintiff’s husband on a certain rate of interest and he continued to pay the interest per month on the said loan amount. But when he failed to repay the principal amount, he was forced by Inderjeet Singh, husband of the plaintiff to execute the ‘agreement to sell’ in his favour. It was only with an intention to gain some time to repay the loan amount that he executed the agreement to sell dated 19.07.2017 but in fact no such sale was ever intended by him. The same is evident even from the fact that both the witnesses to the document are the close relatives of the plaintiff herself.
5. It was further submitted that on 20.11.2017 also, further time of one month was requested by the defendant for repayment of the loan amount and the same was agreed to by the plaintiff’s husband and therefore only, the endorsement of extending the date to 11.12.2017 was made. It was therefore prayed that the document dated 19.07.2017 and any sale in pursuance to the said document was never intended to be executed by the parties and it was just for security purposes. Therefore, the same cannot be ordered to be acted upon. The second ground submitted in the written statement was that the plaintiff was never ready and willing to perform her part of the contract and therefore also, no relief in her favour could be granted by the Court. A prayer for dism
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 main legal point established in the judgment is the requirement for the plaintiff to prove financial capacity and willingness to perform the contract, as mandated by Section 16(c) of the Specific....
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
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.
In suits for specific performance, the burden lies on the defendant to prove claims that a sale agreement was a loan; the plaintiff must demonstrate continuous readiness and willingness to perform th....
The burden of proof lies on the party disputing the validity of a written contract, and the conduct of the parties and the plaintiff's readiness and willingness are essential for specific performance....
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
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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