Proof of continuous readiness and willingness, and genuineness of the sale agreement are crucial for a claim of specific performance.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C., against the Judgement and Decree dated 01.04.2021 passed in A.S.No.18 of 2018 on the file of the Sessions (Fast Track Mahila) Judge, Namakkal confirming the Judgment and Decree dated 01.02.2018 passed in O.S.No.416 of 2010 on the file of the Subordinate Judge, Namakkal.)

1. The unsuccessful plaintiff who has lost before the Courts below in a suit for specific performance has filed the above appeal, the same has been admitted on the following substantial questions of law:

''1) Whether the Lower Courts right in holding that the plaintiff failed to prove the due execution of the suit Agreement Ex.A1, especially, when the defendant categorically admitted his signature found in Ex.A1?

2) Whether or not the plaintiff proved the execution of Ex.A1 by examining the attestor of the document as PW2, who has spoken eloquently about the execution of the suit Sale Agreement Ex.A1?

3) Whether the Lower Courts right in holding that the plaintiff has not proved his readiness and willingness to perform his part of Contract, especially when he has paid almost the entire sale consideration and he issued the legal notice within the period of limitation calling upon the defendant to execute the Sale Deed in his favour?

4)Whether or not the Lower Courts right in not even considering the prayer for grant of permanent injunction restraining the defendant from alienating the suit property?''

2. The brief facts which are necessary for disposing the second appeal are as follows and the parties are referred to in the same ranking as before the trial Court:

The plaintiff has filed the suit in O.S.No.416 of 2010 on the file of the Subordinate Judge, Namakkal for specific performance of the agreement of sale deed dated 10.01.2007. It is the case of the plaintiff that under this agreement the plaintiff had agreed to purchase the suit property belonging to the defendant for a total sale consideration of Rs.2,00,000/-. On the date of the agreement Rs.1,90,000/- was paid as advance and 18 months time was fixed for paying the balance sale consideration of Rs.10,000/- and to have a sale deed executed. The plaintiff would contend that the he has always ready and willing to perform his contract and the defendant was reluctant to do so. The plaintiff issued a legal notice on 28.11.2010 for which there was no response. The plaintiff also came to learn that the defendant was taking steps to sell the property to some third party. The defendant had filed a written statement inter-alia contending that the agreement of sale executed in favour of the plaintiff was not intended to be a sale and that apart the property in question was an ancestral property in which the defendant had an undivided share. The defendant has executed a settlement deed in favour of his wife on 28.07.2010 and she has no right in that property.

3. The defendant would further submit that the documents had been tampered with and an additional written statement was filed by the defendant contending that the plaintiff and he were friends. As the plaintiff was carrying on a money lending business the defendant had borrowed Rs.50,000/- on 21.02.2007 and had signed 2 blank twenty rupees stamp papers and two blank papers.

4. The defendant submitted that he had repaid the amount borrowed with interest on 21.08.2007 and although he insisted upon the plaintiff to return the blank papers signed by him, however, the plaintiff kept on buying time. It is with these papers that he has created these documents. The defendant would further submit that he has settled the property on his wife and the revenue Records has been mutated in her name.

5. The Trial Court has framed the following issues:

i) Whether this suit sale agreement is true and genuine?

ii) Whether the plaintiff is entitled for the relief of specific performance?

iii) To what other relief the plaintiff is entitled to?

6. The plaintiff ha