Dismissal of Specific Performance Petition due to Failure to Prove Readiness and Willingness.
28 November 2024
Civil Appeals >> Civil & Consumer Law
In R. Shama Naik v/s G. Srinivasiah., the petitioner, the original plaintiff, filed a suit for specific performance of a contract based on an agreement of sale dated 3rd March 2005, with a total sale consideration of Rs. 30,00,000. The plaintiff paid Rs. 12,50,000 as earnest money. However, despite the payment, the defendant refused to execute the sale deed. The plaintiff sought specific performance or, alternatively, a refund of the earnest money.
The trial court ruled in favor of the plaintiff, granting a decree for specific performance. The defendant appealed to the High Court, which overturned the decision, stating that the plaintiff failed to prove readiness and willingness to perform his part of the contract. The High Court emphasized the importance of the plaintiff’s obligation to demonstrate financial capacity and conduct that shows readiness and willingness.
The petition was ultimately dismissed by the higher court, as the finding of fact by the High Court on readiness and willingness was deemed not perverse and unworthy of interference.
Section 16, Specific Relief Act - 1877