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G. S. AHLUWALIA
Manoj Kumar Ahuja – Appellant
Versus
Gurmej Singh (Since Dead) Thr. Lrs. – Respondent
JUDGMENT
This First Appeal under Section 96 of CPC has been filed against the Judgment and Decree dated 22-7-2002 passed by 1st Additional District Judge, Dabra, Distt. Gwalior in Civil Suit No.78-A/1991.
2. The appellant is the Plaintiff, who has lost his case from the Trial Court.
3. The appellant/plaintiff had filed a civil suit for Specific Performance of Contract, pleading interalia that Survey No. 29 min area 3.718 hectares is recorded in the name of defendant no.1, Survey No. 27 Min area 1.045 hectares and Survey No. 29 Min area 2.673 hectares, total area 3.718 hectares is recorded in the name of Defendant no.2, and Survey No. 29 Min area 3.717 is recorded in the name of Defendant no.3. The disputed property is situated in Dabra, Distt. Gwalior.
4. The defendants no. 1 to 3 and Kabul Singh and Avtar Singh entered into an agreement to sell the aforesaid disputed property at the rate of Rs.15,500/- per Bigha, and accordingly an agreement to sell was executed between the plaintiff and the defendants no. 1 to 3 on 19-12-1988. In all, an amount of Rs.50,000/- was paid by plaintiff by way of advance and it was agreed that the remaining amount shall be payable at the time of execut
Agreement to sell – Suit for Specific Performance of Contract – Readiness and Willingness are two different aspects and both are required to be proved by Plaintiff.
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 from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
Continuous readiness and willingness to perform a contract is essential for obtaining specific performance; mere execution of an agreement and issuance of notices do not suffice.
Point of law: Unless a statute specifically requires a plea to be in any particular form, it can be in any form. No specific phraseology or language is required to take such a plea. The language in S....
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
The main legal point established in the judgment is that the plaintiff must establish readiness and willingness to perform a contract for specific performance.
The plaintiffs failed to prove readiness and willingness to perform their part of a contract for specific performance; thus, the appellate court's ruling was erroneous.
In a suit for specific performance, plaintiffs must prove continuous readiness and willingness to perform their part of the contract, supported by cogent evidence; mere assertions are insufficient.
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