Readiness and willingness of the plaintiff to perform her part of the contract are essential for the relief of specific performance.

M. Chockalingam, J.

Challenge is made to the judgment of the learned Single Judge made in C.S.No.733 of 1995, whereby the Court granted the relief of specific performance as asked for by the respondent/plaintiff.

2. The respondent, who sought the said relief, came with the specific allegations that the suit mentioned property belonged to the defendant; that the plaintiff desired to purchase the same; that there was an agreement entered into, as per which, the sale price was fixed at Rs.13,63,500/-; that advance of Rs.2 lakhs was paid on 04.01.1995; that the same was actually incorporated in the written agreement entered into between the parties on 06.01.1995; that the property of the defendant was originally mortgaged with Muthialpet Benefit Fund Limited and a sum of Rs.3,02,876.25 was due, which the plaintiff agreed to pay; that accordingly, by way of demand draft, that amount was paid and the mortgage was redeemed; that further, a sum of Rs.2 lakhs was paid on 25.01.1995 towards balance sale consideration and thus, in total, a sum of Rs.7,08,876.25 has been paid by the plaintiff, but the defendant, who promised to get back the original document and satisfy his marketable right to alienate the property within the stipulated time, did not do so; that despite many a demand made, the defendant did not perform her obligation either by giving the relevant documents or getting income tax clearance certificate and under these circumstances, the plaintiff had no option than to issue a notice calling upon the defendant to execute the sale deed, but she failed and therefore, the plaintiff had no option than to approach this court and accordingly, she made the suit.

3. The defendant/appellant came with the written statement, stating that it is true, there was an agreement entered into between the parties; that originally, there was payment of Rs.2 lakhs; that thereafter, a sum of Rs.3,02,876.25 has been paid towards the discharge of mortgage; that further a sum of Rs.2 lakhs has also been paid towards the sale consideration; that subsequently, there was a letter written by the plaintiff, stating that Rs.1,97,123.75 was the balance and also sought for acknowledgement; that the defendant lady refused to acknowledge the same; that immediately, when the cheque was placed for encashment, the plaintiff has instructed the Bankers to stop payment and accordingly, the payment was stopped; that it is not correct to say that the original documents had not been surrendered to the plaintiff; that the documents, which were mortgaged with the Muthialpet Benefit Fund Limited, on redemption, were handed over to the plaintiff and those documents were in the custody of the plaintiff; that the non production of income tax clearance certificate was nothing, but a concocted story; that the plaintiff was never ready and willing to perform her part of obligation under the agreement and under these circumstances, the plaintiff was not entitled to get the discretionary relief and hence the suit was to be dismissed.

4. On the said pleadings, four issues were framed. At the time of trial, the plaintiff examined herself as P.W.1, while the husband of the defendant was examined as D.W.1. Both sides have put forth their documentary evidence. The learned Single Judge, on trial, took the view that the plaintiff is entitled to have the relief as prayed for and decreed the suit as prayed for. Under these circumstances, this appeal has arisen.

5. Advancing arguments on behalf of the appellant, the learned Senior Counsel Mr.T.V.Ramanujan, would submit that in the instant case, though the plaintiff has averred that she was all along ready and willing to perform her part of the contract, her conduct was otherwise. Admittedly, there was an agreement between the parties on 06.01.1995, whereby the total consideration was agreed at Rs.13,63,500/-. At the time of agreement, there was payment of Rs.2 lakhs, which has also been acknowledged by way of a receipt and was