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TRIBHUVAN DAHIYA
Narinder Kumar – Appellant
Versus
Balram Kumar – Respondent
JUDGMENT
Tribhuvandahiya, J. - This is appellant/defendant's (hereinafter referred to as the 'defendant') second appeal against the concurrent findings of both the Courts below.
2. The facts of the case in brief are, a suit for specific performance of an agreement to sell dated 24.02.2011 for the remaining half share in the suit property/residential house, was filed by the respondents/plaintiffs (hereinafter referred to as the 'plaintiffs'). The agreement to sell was voluntarily executed by the appellant/defendant along with his brother in favour of the plaintiffs on receiving earnest money of 7 lakh. The target date for execution of the sale deed was fixed as 30.11.2011. On that date, due to inter se dispute between the two brothers/executants, the sale deed could not be executed. Vikas Kumar/defendant's brother accepted balance sale consideration of 6 lakh from the plaintiffs on 13.01.2012, which was endorsed by him at the reverse of the agreement to sell in the presence of witness Deepak Kumar. The plaintiffs served a legal notice dated 28.03.2012 to both the brothers calling upon them to execute the sale deed in terms of the agreement to sell, giving them a week's time to do so.
The plaintiff's readiness and willingness to perform their part of the contract must be established on record, and the deposit of balance sale consideration in Court after a lapse of time may not est....
Agreement to Sell – Continuous willingness on part of plaintiff is condition precedent to grant relief of specific performance.
The court affirmed that a party seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, substantiated by evidence.
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....
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
The plaintiff must prove readiness and willingness to perform a contract under Section 16(c) of the Specific Relief Act, and failure to do so negates entitlement to specific performance.
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