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Specific performance cannot be granted if the property title is defective or if the agreement is not proved to be genuine and enforceable ["P. K. Abdul Salam, S/o. M. Mohammed Koya VS Abdul Jabbar (Deceased) S/o. Naina Mohammed - Kerala"], ["Varadharajan @ Pandian vs Thayar - Madras"].
Analysis and Conclusion:
References:["Raj Rani Bhasin and Others v. S. Kartar Singh Mehta - Delhi"]["Radha Krishna Prasad VS Ram Bilas Prasad - Patna"]["K. R. Sundararaj VS M. Nataraj - Madras"]["P. K. Abdul Salam, S/o. M. Mohammed Koya VS Abdul Jabbar (Deceased) S/o. Naina Mohammed - Kerala"]["Prabhat Chand Jain S/o Late Mannulal Jain VS Nandkishore Khandelwal S/o Late Gajanand Khandelwal - Chhattisgarh"]["V.V.Ravikumar, S/o.V.S.Sai vs M. Vijayam, W/o late R.V. Mani - Madras"]["V.V. Ravikumar S/o V.S. Sai vs M. Vijayam W/o Late R.V. Mani - Madras"]["Ashok Kumar VS Amsu - Madras"]["Kandula Jagga Rao died VS Chevuri Lakshmi Narayana - Andhra Pradesh"]["Medasani Ananda Naidu VS Manchu Mohan Babu Bhakthavathsalam Naidu - Current Civil Cases"]["Darshan Singh VS Sadh Ram - Himachal Pradesh"]["K. Thayaramma, W/o. K. Kumar VS A. Vinod Kumar, S/o. Raghunatha Reddy - Andhra Pradesh"]["RENU SHARMA Vs SATISH NAGAR AND ANOTHER - Punjab and Haryana"]["Podila Sailaja @ Lakkineni Sailaja VS Podila Sasikala - Telangana"]["Mahaveer Hemanth Bhandhari and Sons VS P. Srinivasalu - Madras"]["Ashok Kumar Mishra, S/o. Ram Swaroop VS Lajja Ram, S/o. Maharaj Singh - Rajasthan"]["Varadharajan @ Pandian vs Thayar - Madras"]
Purchasing property or entering a sale agreement is exciting, but what happens when the seller backs out? Many buyers turn to a suit for specific performance to enforce the contract. But is such a suit always maintainable? Particularly, a suit for specific performance of contract filed by the plaintiff who is the purchaser requires strict proof.
In this post, we explore the legal requirements, drawing from key judicial precedents. We'll cover when such suits succeed or fail, emphasizing continuous readiness and willingness under Section 16(c) of the Specific Relief Act, 1963. Note: This is general information, not legal advice. Consult a lawyer for your case.
A suit for specific performance filed by the purchaser is maintainable only if the plaintiff demonstrates continuous readiness and willingness to perform his part of the contract throughout the relevant period, including at the time of filing the suitSangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593. Additionally, a valid, subsisting agreement must exist at filing; prior cancellation or termination renders the suit non-maintainable unless declaratory relief challenging it is sought R. Kandasamy (Since Dead) VS T. R. K. Sarawathy - 2024 8 Supreme 684.
Courts rigorously scrutinize these elements as preconditions. Failure in either can doom the claim, even if the agreement was initially valid.
To succeed, purchasers must meet these core criteria:
These align with Section 16(c) of the Specific Relief Act, making proof a condition precedentSangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593.
The law demands the purchaser prove they were continuously ready and willing from inception to suit Sangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593. Courts look beyond pleadings to conduct, like timely payments, deposits, or possession.
In Saradamani Kandappan vs. Mrs. S. Rajalakshmi (2011 SCC 18), the Supreme Court stressed substantial acts, such as paying significant consideration, under Section 20(3) Sangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593. Mere assertions or token payments fail if unsupported.
Similarly, M/s Hotz Industries Pvt. Ltd. vs. Dr. Ravi Singh (2018 SCC 249) noted damages as an alternative, with specific performance discretionary based on willingness evidence R. Kandasamy (Since Dead) VS T. R. K. Sarawathy - 2024 8 Supreme 684.
A case illustrating failure: In a second appeal Durairaji VS Nadarajan - 2021 Supreme(Mad) 800, the court found no iota of evidence proving readiness over two years. Despite an advance of Rs.37,000/-, the plaintiff delayed paying Rs.10,500/- balance and issued notice post-expiry. There is no difficulty for this Court to come to the conclusion that the plaintiff has failed to prove his readiness and willingness in terms of provision of 16(c) of the Specific Relief Act Durairaji VS Nadarajan - 2021 Supreme(Mad) 800. The appeal was allowed, decrees set aside.
If canceled before filing, the suit falters without declaring it invalid Sangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593. R. Kandasamy vs. T.R.K. Sarawathy held a subsisting agreement a jurisdictional factSangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593.
Plaintiffs must challenge cancellation via declaratory relief first R. Kandasamy (Since Dead) VS T. R. K. Sarawathy - 2024 8 Supreme 684.
Encashment of demand drafts or partial receipt doesn't suffice if timing, possession, or other conduct lags Sangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593R. Kandasamy (Since Dead) VS T. R. K. Sarawathy - 2024 8 Supreme 684. Courts weigh the totality.
In share buyback disputes NATIONAL HOUSING BANK VS SANTOSH KUMAR BAGLA - 2007 Supreme(Del) 1574, a bank enforced specific performance via undertakings, backed by documentary evidence under National Housing Bank Act. The court decreed buyback plus interest, stressing unrebutted testimonyNATIONAL HOUSING BANK VS SANTOSH KUMAR BAGLA - 2007 Supreme(Del) 1574. Contrast this with property cases needing stronger conduct proof.
File within three years from breach/refusal Sangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593R. Kandasamy (Since Dead) VS T. R. K. Sarawathy - 2024 8 Supreme 684. Unexplained delay bars discretionary relief.
Pleadings matter: One plaintiff sought amendment to add Section 16(c) compliance Ajay Kumar Gupta VS Khadak Singh - 2016 Supreme(Raj) 939, highlighting typographical errors. Courts allow liberal amendments to avoid multiplicity, but post-trial needs due diligence proof Ajay Kumar Gupta VS Khadak Singh - 2016 Supreme(Raj) 939.
Parties too: In specific performance suits, add those legally interested under Order 1 Rule 10 CPC Tabassum VS Shabbir Hussain - 2015 Supreme(MP) 564. A petitioner claiming half-share via Mehar was added as her rights would be affected Tabassum VS Shabbir Hussain - 2015 Supreme(MP) 564. A person can be added as a party in a suit for Specific Performance of Contract if they are legally interested in the controversies and if it is a compulsion of the rule of law Tabassum VS Shabbir Hussain - 2015 Supreme(MP) 564.
Stamp issues arise peripherally; mere possession for demarcation isn't a sale deed R. Venkatram Reddy VS Jetamoni Gouramma - 2011 Supreme(AP) 125.
In Durairaji VS Nadarajan - 2021 Supreme(Mad) 800, no written statement objection didn't relieve proof burden: Plaintiff cannot take a stand that merely for want of objection in the written statement... without the plaintiff prove his case by letting evidences Durairaji VS Nadarajan - 2021 Supreme(Mad) 800. Presumptions under Evidence Act Section 114 apply for suspicious delays.
Specific performance suits by purchasers hinge on ironclad proof of continuous readiness/willingness and a live agreement Sangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593R. Kandasamy (Since Dead) VS T. R. K. Sarawathy - 2024 8 Supreme 684. Courts prioritize conduct over words, as seen in delays dooming claims Durairaji VS Nadarajan - 2021 Supreme(Mad) 800. While discretionary, meeting Section 16(c) is mandatory.
Facing a breached sale agreement? Act swiftly with evidence. This overview draws from precedents like Sangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593 (readiness over period) and R. Kandasamy (Since Dead) VS T. R. K. Sarawathy - 2024 8 Supreme 684 (cancellation effects). Always seek professional advice tailored to facts.
References:1. Sangita Sinha VS Bhawana Bhardwaj - 2025 0 Supreme(SC) 593: Continuous readiness essential; cancellation impacts maintainability.2. R. Kandasamy (Since Dead) VS T. R. K. Sarawathy - 2024 8 Supreme 684: Partial payments insufficient without conduct.3. Durairaji VS Nadarajan - 2021 Supreme(Mad) 800: Proof failure via lack of evidence/delays.
#SpecificPerformance, #ContractLaw, #PropertyDisputes
The suit for specific performance filed by the plaintiff - respondent against the defendants - appellants has been decreed by the trial Court. Hence this appeal by the defendants - appellants. The facts and circumstances on which the decision in the appeal would be arrived at may be shortly stated. ... It did not therefore, bar the promisee from specific performance. In the present case, the departure of the plaintiff from the terms of the ....
The Court will also “frown” upon suits which are not filed immediately after the breach/refusal. The fact that limitation is three years does not mean that a purchaser can wait 1 or 2 years to file a suit and obtain specific performance. ... The suit was not filed immediately after the alleged breach of contract without any proper explanation. ... In a suit for specific performance, a proposed #HL....
a suit for specific performance. ... It is only because of the breach committed by the plaintiff, the defendants repudiated the contract. The suit was filed on 11.11.2011. It is stated that the plaintiff has deposited the amount pursuant to the decree for specific performance. ... However, the subsequent transaction even assuming is a collusive or a sham one, the same will not enable the #HL_START....
The suit is one for specific performance of an agreement for sale with an alternate prayer for return of advance sale consideration. Specific performance was declined, and the suit was decreed for return of advance. The plaintiff is in appeal. ... It is open to the purchaser to set up a defence that the vendor had no title or has defective title in a suit for specific performance....
entitled for specific performance of contract dated 18.06.05. ... In a suit for specific performance of a contract, the Court has to keep in mind Section 20 of the Specific Relief Act. This Section preserves judicial discretion to grant decree for specific performance. ... He further submits that the principles which can be enunciated is that where the plaintiff brings a suit for....
or waived by the plaintiff), there is a bar to specific performance in his favour. ... Gist of the Written statement filed by the first defendant: The suit for specific performance is not maintainable. The suit schedule property is not the absolute property of the first defendant. ... In a suit for specific performance, the core issue to be decided is the ‘readiness and willingness’ of the #HL_STA....
Gist of the written statement filed by 2nd and 3rd defendants: The suit filed for specific performance of an unregistered sale agreement, is hit by Section 17 of the Registration Act. ... or waived by the plaintiff), there is a bar to specific performance in his favour. ... Gist of the Written statement filed by the first defendant: The suit for specific performance is not mainta....
The defence under Section 19(b) of the Specific Relief Act can be invoked by a purchaser only if the purchase is subsequent to the first contract, but prior to the filing of the suit for specific performance. ... Since the defendant had not executed a sale deed pursuant to the sale agreement, the plaintiff had filed O.S.No.508 of 2010 seeking specific performance of the contract. 3. The defendant ....
The fact that limitation is three years does not mean that a purchaser can wait for one or two years to file a suit and obtain specific performance. ... The three documents that are filed indicate that the defendant in the suit had sued this plaintiff in the year 2005 making a mention about the existing suit for specific performance stating that purchaser obtained possession unla....
itself, filed suit for specific performance of agreement of sale i.e. on 13.10.2004. ... The suit for specific performance of agreement of sale is filed against defendants 1 to 4. The suit document is Ex.A.1 agreement of sale. ... For the aforesaid reasons, the plaintiff is entitled for protection under Section 53A of the Transfer of Property Act, 1882, in a suit filed by the #HL....
The suit was filed by the respondent/plaintiff for specific performance of the contract. 10. Mr.N.Ramesh, learned counsel for the appellants/defendants submitted that the present appeal has been filed challenging the judgment and decree dated 02.09.2013 passed by the First Appellate Court in A.S.No.18 of 2012. He further submitted that the defendants have executed the sale agreement in favour of the plaintiff on 01.03.2007 towards the security for the hand loan. The plaintiff and the 1st defendant are brothers, therefore, the 1st defendant used to borrow hand loans from the....
The plaintiff filed an application for amendment of plaint seeking amendment to incorporate specific pleading in compliance of the Section 16(c) of the Specific Relief Act and Form 47 of. 18. In J. Samuel & Ors. v. Gattu Mahesh & Ors. (supra). Appendix A of the C.P.C. on the ground that the same was missed due to typographical error. The plaintiff filed the suit for specific performance of contract for sale of property.
It was pleaded by the plaintiffs that the respondent No. 4 contracted with the plaintiffs to sell of the suit house in favour of the defendant. The plaintiff filed a suit for Specific Performance of Contract. In the aforesaid suit, the petitioner filed an application under Order 1 Rule 10 of CPC. She opposed the prayer for grant of decree of Specific Performance of Contract.
According to the plaintiff, the 1st defendant as Kartha and Manager of the Joint-family offered for sale of land known as KHASI REDDY WANI KUNTA to an extent of Ac. 7-22 guntas situated at Tandoor village and Mandal Mahabubnagar District. The plaintiff agreed to purchase land and paid Rs. 50,000/on 29-11-2004 and Rs. 1,00,000/- on 12-3-2005 and Rs. 1,49,000/- on 7-6-2005. No. 91 of 2007 on the file of the Senior Civil Judge, at Nagarkurnool, The plaintiff filed the suit for specific performance of contract of sale.
( 1 ) THIS is a suit for specific performance of a contract filed by the plaintiff. The plaintiff is a body corporate constituted under the National housing Bank Act, 1987 and is seeking specific performance of an agreement vide which the defendants were to buy back 3,30,000 equity shares of the face value of Rs. 10/- each held by the plaintiff bank in terms of their undertakings dated 8. 7. 1994 and 2. 9. 1994.
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