A suit for specific performance requires personal proof of readiness and willingness by the plaintiff. A power of attorney holder cannot testify to the principal's subjective state of mind. Additionally, a contract termination must be legally challenged via declaratory relief before seeking specific performance of the invalidated agreement.

JUDGMENT :

Devan M. Desai, J.

1. The present Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (hereinafter, referred to as “the Code”) by the appellant – original plaintiff assailing the judgment and decree dated 26.02.2026 passed by the learned 4th Additional District and Sessions Judge, Bhavnagar in Regular Civil Appeal No. 134 of 2022 upholding the judgment and decree dated 04.04.2022 passed by the learned Principal Senior Civil Judge, Ghogha in Regular Civil Suit No. 66 of 2015.

2. Heard learned advocate Mr. Harshvardhan Mehta for the appellant – plaintiff and learned advocate Mr. Vishal Thakkar for the respondent – defendant.

For the sake of convenience, parties are referred to as per their original status in the suit. Appellant is original plaintiff and respondent is original defendant.

3. The brief facts of the case are as follows:

3.1 An agreement to sell dated 15.03.2011 was executed by the defendant in favour of the plaintiff in respect of agricultural land situated at Village – Kareda, Taluka – Ghogha, District – Bhavnagar, bearing Revenue Account No. 265 and Survey No. 26 paiki 1/5 (hereinafter referred to as the “suit property”) admeasuring Hec-Are-Sq.Mtrs. 1-06-22 together with Kharaba land admeasuring Hect-Are-Sq.Mtrs. 00-08-09, aggregating to a total area of Hect-Are-Sq.Mtrs. 1-14-31. Under the said agreement, the total sale consideration was fixed at Rs.2,52,000/-, out of which a sum of Rs.52,000/- was paid as earnest money at the time of execution of the agreement, and the balance amount of Rs.2,00,000/- was agreed to be paid at the time of execution of the sale deed. The defendant issued a public notice dated 30.11.2011 purporting to cancel the agreement. The plaintiff immediately responded through a legal notice dated 02.12.2011, clearly asserting her readiness and willingness to perform her part of the contract and calling upon the defendant to execute the sale deed upon receipt of the balance consideration. As the defendant failed to perform his contractual obligations, the plaintiff was constrained to file Special Civil Suit before the Court of learned Principal Civil Judge, Ghogha for a relief of specific performance. Defendant appeared and contested suit by filing written statement. On the basis of pleading, following issues were framed at Exhibit – 31:

“1. Whether plaintiff proves that defendant has duly executed the contract for sale dated 15.03.2011 of disputed land?

2. Whether plaintiff proves that plaintiff has expressed their ready and willingness for complying the conditions on their behalf of above said contract for sale?

3. Whether defendant proves that the contract for sale of disputed property/land executed on 15.03.2011 is forged and illegal?

4. Whether defendant proves that defendant has duly cancelled the above said contract for sale?

5. Whether plaintiff is entitled to get relief as prayed in para. 11 of the plaint?

6. What Order? Decree?”

After considering the material placed on record, the learned Principal Civil Judge, Ghogha, vide judgment and decree dated 04.04.2022, dismissed the suit. The First Appeal preferred by plaintiff also came to be dismissed on 26.02.2026. Being aggrieved and dissatisfied with the said judgment and decree, the appellant – original plaintiff is before this Court by way of the present Second Appeal.

3.2 Learned advocate for the appellant – original plaintiff has proposed the following substantial questions of law:

“(1) Whether the Ld. Courts below have c