Summary
The Supreme Court declined to interfere with a High Court judgment that reversed a decree for specific performance of an agreement of sale, because the High Court's finding that the plaintiff had not proved continuous readiness and willingness was a finding of fact on the evidence and was not perverse.
Issues
- Whether the High Court, in first appeal, rightly set aside the decree for specific performance on the ground that the plaintiff had not proved readiness and willingness to perform his part of the agreement of sale.
- Whether the High Court's finding on readiness and willingness called for interference in a petition under Article 136.
Provisions considered
- Section 16(c) (as it stood before the amendment effective 1 October 2018), Specific Relief Act, 1963Read as barring specific performance in favour of a person who fails to aver readiness and willingness to perform his part of the contract. The Court added that the plaintiff must both plead readiness and willingness specifically and prove it by oral and documentary evidence, including the availability of funds to pay in time. (¶¶ 8, 10)
Held
- A plaintiff seeking specific performance must not only make specific averments of readiness and willingness in the plaint but must also lead oral and documentary evidence showing that funds were available to pay in terms of the contract in time. (¶¶ 8, 10)
- Readiness and willingness are distinct, and both must be shown: readiness is the plaintiff's capacity to perform, including his financial position, while willingness concerns the plaintiff's conduct. (¶¶ 11, 12)
- The High Court, on appreciating the oral and documentary evidence in first appeal, found that the plaintiff had not established that he was always ready and willing. That was a finding of fact, not shown to be perverse, so there was no ground for the Supreme Court to interfere. (¶¶ 13, 14)
Result
Special leave petition dismissed; the High Court judgment setting aside the decree for specific performance was left undisturbed; pending applications disposed of.