MAN KAUR (DEAD) BY LRS. versus HARTAR SINGH SANGHA

Citation: [2010] 12 S.C.R. 515 · Decided: 05-10-2010 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Appeal(s) allowed

Cited by 7 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2010] 12 S.C.R. 515 
MAN KAUR (DEAD) BY LRS. 
v. 
HARTAR SINGH SANGHA 
(Civil Appeal Nos. 147-148 of 2001) 
OCTOBER 05, 2010 
[R.V. RAVEENDRAN AND AFTAB ALAM, JJ.) 
Specific Relief Act, 1963: 
s. 16(c) - Compliance of - Agreement of sale of property c 
between parties through their attorney holders - Payment bf 
earnest money by plaintiff-vendee - Plaintiff alleging failure 
of defendant-vendor to execute sale deed though he was 
ready and willing to perform his part of contract - Suit for 
specific performance of agreement of sale by plaintiff against D 
defendant, through another attorney holder - Suit decreed by 
trial court-: Upheld by High Court - On appeal, held; Plaintiff 
neither signed agreement of sale nor plaint nor appeared and 
gave evidence, about his readiness and willingness -
Plaintiff's attorney holder who executed agreement of sale not 
E 
examined and one who signed the plaint had no personal 
knowledge of the transaction - No evidence of readiness and 
willingness of plaintiff to perform his part of the obligations in 
terms of the contract, thus, non-compliance of s. 16(c) -
Agreement did not bar specific performance - Plaintiff could 
seek the relief subject to proving breach by defendant and 
F 
plaintiff's readiness and willingness to perform the contract -
Material on record shows that plaintiff committed breach -
Courts below ignored the relevant evidence and drew adverse 
inference from the evidence -
Thus, earnest money is 
forfeited and plaintiff not entitled for the refund - Decree for 
G 
specific performance set aside. 
s. 16(c) - Specific performance of contract- When barred 
- Explained. 
515 
H 
516 
SUPREME COURT REPORTS 
[2010] 12 S.C.R. 
A 
Specific performance of contract -
Readiness and 
willingness to perform - Proving of, by plaintiff - Examination 
of persons-attorney holders having personal knowledge about 
the transaction - Discussed - Evidence. 
8 
The appellant-defendant was the owner of certain 
property. The respondent-plaintiff was a non-residential 
indian. The defendant represented by her husband and 
attorney-holder 'KS'(DW 1) entered into an agreement to 
sell the said property to the plaintiff represented by 
attorney-holder 'PS'. The agreement of sale was signed 
C by the attorney holders of the parties. The plaintiff paid 
Rs. 10,000/- as earnest money. The plaintiff alleged that 
in aspite of notice, the defendant did not execute sale 
deed though the plaintiff was ready and willing to perform 
his part of the contract and get the sale deed registered • 
D by paying the balance consideration. The plaintiff, then 
represented by his attorney-holder 'JS'(PW 1) filed a suit 
for specific performance of the agreement of sale against 
the defendant. The property dealer 'BS' was examined on 
PW 2. The trial court decreed the suit. The High Court 
E upheld the order passed by the trial court. Therefore, the 
appellant filed the instant appeals. 
Allowing the appeals, the Court 
HELD: 1.1 Section 16(c) of the Specific Relief Act 
F 1963 bars the specific performance of a contract in favour 
of a plaintiff who fails to aver and prove that he has 
performed or has always been ready and willing to 
perform the essential terms of the contract which are to 
be performed by him (other than the terms the 
G performance of which has been prevented or waived by 
the defendant). Explanation (ii) to Section 16 provides that 
for purposes of clause (c) of Section 16, the plaintiff must 
aver performance of, or readiness and willingness to 
H 
MAN KAUR (DEAD) BY LRS. v. HARTAR SINGH 
517 
SANGHA 
perform, the contract according to its true construction. 
A 
Thus, in a suit for specific performance, the plaintiff 
should not only plead and prove the terms of the 
agreement, but should also plead and prove his 
readiness and willingness to perform his obligations 
under the contract in terms of the contract. [Para 9] (532-
B 
8-E] 
1.2 To succeed in a suit for specific performance, the 
. plaintiff has to prove: that a valid agreement of sale was 
entered by the defendant in his favour and the terms 
thereof; that the defendant committed breach. of the 
C 
· contract; and that he was always ready and willing to 
perform his part of the obligations in terms ,of the 
contract. If a plaintiff has to prove that he was always 
ready and willing to perform his part of the contract, that 
is, to perform his obligations in terms of the contract, 
D 
necessarily he should step into the wit

Excerpt shown. Read the full judgment & AI analysis in Lexace.