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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Tehal Singh – Appellant
Versus
Baldev Singh (Since Deceased) Through His Lrs – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
Defendant is in second appeal. For convenience, parties hereinafter are referred to by their original position before the Court of the First Instance, i.e. appellant as defendant and respondent as plaintiff.
2. Plaintiff filed suit for possession by way of specific performance of an agreement to sell dated 10.11.2004. As per plaintiff, defendant agreed to sell land measuring 184 Kanal 2 Marlas in his favour @ of Rs. 6,55,000/- per acre and executed agreement to sell dated 10.11.2004 in writing after receiving Rs. 15 lakhs as earnest money through cheque dated 10.11.2004. The parties agreed to get the sale deed executed on or before 14.05.2005 on payment of balance sale consideration by the plaintiff. It was also agreed that the defendants would get the land redeemed before 14.05.2005. As per plaintiff, on 10.11.2004, another agreement to sell qua Dera and the land beneath the Dera was also executed between the parties. Plaintiff claims that he always remained ready and willing to perform his part of contract, however, defendants kept on delaying the same on one pretext or the other. Plaintiff claims that on 08.05.2005, he came to know that the defenda
The plaintiff must independently prove both 'readiness' and 'willingness' to perform under Section 16(c) of the Specific Relief Act to succeed in a suit for specific performance.
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance; mere possession or improvements do not suffice.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
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.
Continuous readiness and willingness on the part of the plaintiff is a condition precedent for obtaining relief of grant of specific performance, as mandated by Section 16(c) of the Specific Relief A....
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 court clarified that readiness and willingness to perform a contract under the Specific Relief Act is determined by the plaintiff's intent and actions, not solely by financial capacity.
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