Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.

JUDGMENT :

N. SATHISH KUMAR, J.

1. Aggrieved over the judgment and decree of the Trial Court decreeing the suit for specific performance, the present appeal is filed.

2. The parties are arrayed to as per their own ranking before the Trial Court.

3. Brief facts on the case is as follows:

a. The defendant has agreed to sell the suit property to the plaintiff for a sale consideration of Rs.15 lakhs out of which, Rs.10 lakh was received as an advance from the plaintiff and executed a sale agreement dated 26.05.2015. It is agreed between the parties that the sale shall be completed within one year from the date of the sale agreement. The plaintiff was ready and willing to perform his part of contract and contacted the defendant to execute the sale deed in favour of him after receiving the balance sale consideration of Rs.5,00,000/-. Despite several requests, the defendant avoided to execute the sale deed. Hence, the suit.

b. It is the stand of the defendant in the written statement that the agreement was not intended for sale of the property, in fact, the defendant has borrowed a sum of Rs.10 lakhs for family necessity. At the time, the plaintiff insisted the defendant to execute a registered sale agreement. Accordingly, agreement was executed. It is denied by the defendant that after receipt of balance sale consideration, the defendant has to execute sale deed in favour of the plaintiff, in fact, after receipt of legal notice, the defendant has approached the plaintiff and informed that he will pay Rs.10 lakhs/- along with interest for which the plaintiff has agreed. The value of the suit property is more than 1 crore and the defendant is ready to pay the loan amount of Rs.10 lakhs with interest. Hence, opposed the suit.

c. Based on the above pleadings, the Trial Court framed the following issues:

1) Whether the plaintiff is entitled to the relief of specific performance of sale agreement dated 26.05.2016 ?

2) Whether the sale agreement was executed as security for loan advanced as per defendant version ?

3) To what other relief, the plaintiff is entitled to ?

d. On the side of the plaintiff, the plaintiff has been examined as PWI and the attestors of the sale agreement has been examined as PW2 and PW3 and Ex A1 to A3 were marked. On the side of the defendant, the defendant has been examined as DW1 and no documents were marked on his side.

e. On consideration of oral and documentary evidences, the Trial Court decreed the suit for specific performance. Hence, this appeal by the unsuccessful defendant.

4. The learned counsel for the appellant submitted as follows:

a. the plaintiff has neither pleaded nor proved his continuous readiness and willingness right from the date of Ex.A1 till the date of filing the suit.

b. The plaintiff has not proved the capacity to mobilize the balance amount.

c. A substantial advance amount of Rs.10 lakhs is paid on the date of agreement, i.e., 26.05.2016 and one year time is stipulated for payment of remaining Rs.5 lakhs, this itself clearly shows that it is a loan transaction.

d. Legal notice was issued on 02.05.2017, thereafter, the suit filed on 21.11.2017, hence, ready and willingness is not proved as required under law.

e. The Trial Court has not even framed issue with regard to the readiness and willingness and the specific performance being equitable relief cannot be granted to the plaintiff.

f. Even at the time