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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Abdul Jabbar (Dead) Through L.Rs. Smt. Suraiya Begum – Appellant
Versus
Bani Bai (Dead) Through L.Rs. Smt. Soni Raghav Saxena – Respondent
JUDGMENT :
Sanjay Dwivedi, J.
This appeal under Section 96 of Code of Civil Procedure, 1908 (in short ‘CPC’) has been filed challenging the impugned judgment and decree passed by the Trial Court on 24.10.1997 in Civil Suit No.25-A/1996 filed by the present appellants against the defendants/respondents for seeking decree of specific performance of contract. The suit was dismissed by the Court on the ground that the plaintiffs failed to prove readiness and willingness to perform the contract and pay the remaining amount of sale consideration but granted decree of permanent injunction restraining defendants from dispossessing the plaintiffs from the disputed property without obtaining a decree of possession or eviction.
2. The appeal has been preferred by the plaintiffs/appellants challenging the findings given by the trial Court against them that they failed to prove their readiness and willingness to perform the contract and claimed that the suit be decreed in toto because the Court below has found that the agreement dated 27.11.1983 was a valid one and Rs.60,735/- was paid by the plaintiffs to the defendant/respondent No.1.
3. No one has appeared on behalf of defendant/respondent No.1.
In a suit for specific performance, the plaintiff must prove readiness and willingness to perform the contract, which was not established in this case.
Specific performance requires plaint averment and proof of plaintiff's continuous readiness and willingness to perform contract; appellate court may enforce mandatory provision suo motu; discretionar....
The court upheld that an agreement to sell not duly stamped is inadmissible in evidence, and emphasized the necessity of proving continuous readiness and willingness for granting specific performance....
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