LexGURDIAL KAUR (D) THROUGH LRS. versus PIARA SINGH (D) THROUGH LRS.
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[2008] 5 S.C.R. 163 GURDIAL KAUR (D) THROUGH LRS. A V. PIARA SINGH (D) THROUGH LRS. (Civil Appeal No. 2005 of 2008) MARCH 14, 2008 B [S.B. SINHA AND. V.S. SIRPURKAR, JJ.] Specific Relief Act, 1963 - ss. 12, 16 ( c ), 20 and 28 - Agreement of sale - Failure to execute sale deed - Suit for specific performance of contract - Subsequent change in the c revenue survey numbers in respect of the land in question - Trial court denying decree of specific performance holding that vendee failed to comply with requirements of s. 16 (c) having failed to state that he was always ready and willing - However directed refund of the advance amount paid by the vendee - D First appellate court denying the decree of specific ~· performance on the ground that there was failure to show readiness and willingness in respect of the changed revenue survey numbers - High Court in second appeal decreeing the suit - On appeal, held: Decree of specific performance is E liable to be passed in respect of the land which formed subject matter of the original agreement - Change in revenue survey numbers in respect of those lands would not bring the contract of sale to an end as the subject matter of the agreement substantially remained the same - In the facts of the case F vendee has fulfilled the critirea of readiness and willingness - ~ Further avermentlproof regarding readiness and willingness ' after change in survey numbers not required, to the extent subject matter was same - In the facts of the case direction to the vendee to pay a further sum to the vendor - Constitution G of India, 1950 - Articles 136 and 142 - Code of Civil Procedure, 1908 - s. 100 (5). Predecessor in interest of the appellants-defendants entered into an agreement of sale in respect of the land in 163 H 164 SUPREME COURT REPORTS [2008] 5 S.C.R. A question in favour of the respondent. Respondent paid >- half of the consideration amount on the same day. The deed of sale was required to be registered. Respondent went to the Registration Office but the vendor did not turn up. Thereafter the vendor died. Respondent filed suit for B specific performance of the sale agreement. In the alternative he prayed for return of the advance amount with interest. The suit was decreed. In appeal thereagainst, appellate court remanded the case to the trial court for fresh consideration. Thereafter, respondent-plaintiff filed c the applications seeking amendment of the area of the land. Appellants-defendants also filed a suit against the respondent-plaintiff seeking recovery of possession. Trial court rnfused to grant decree for specific performance of agreement of sale, but decreed the suit D granting the alternative remedy sought by the respondent- plaintiff. Trial court held that respondent-plaintiff has failed to satisfy the requirement u/s 16 (c) of specific Performance Act regarding readiness and willingness on the part of the vendee as he failed to aver that he was E always willing and ready to perform. First appellate Court disagreed with the finding regarding readiness and willingness, but held that contract of sale came to an end on account of change of Khasra Nos. of the Land as he failed to show his readiness and willingness in respect F thereof. High court allowed the second appeals. In appeal to this court, appellant-defendant contended that the questions formulated could not be saiJ to be substantial questions of law; and that decree could not have been passed in favour of the respondent-plaintiff G as the subject matter of the agreement had altered. Partly allowing the appeal, the Court HELD: 1.1 A suit for specific performance of contract '" provides for a discretionary remedy. The Court in terms H of Section 20 of Specific Relief Act, 1963, may for sufficient GURDIAL KAUR (D) TRHOUGH LRS. v. PIARA SINGH 165 (D) THROUGH LRS. and cogent reasons refuse to grant a decree for specific A performance of contract. Like any other suit, the Court in terms of Order 7 Rule 7 CPC may, however, take into consideration the subsequent events including the change in the revenue· survey numbers in respect of a particular land. In other words, if the land in suit remains B the same which was the subject matter of an Agreement of Sale, a decree for specific performance can be granted. The m~tter, however, would be different where having regard to the consolidation or any other proceedings, the subject matter
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