JL15PGDM141

LA ASSIGNMENT
Sanjay Gupta V Ram Prasad
Coram: A. K. Pathak

Facts
The suit filed for specific performance of an agreement to sell, entered into between Plaintiff and the
Defendant for sale of agricultural land belonging to the Defendant, on the ground that the Defendant
failed to get the sale deed executed or hand over vacant possession of the property to the Plaintiff
even though the Plaintiff was ready and willing to perform his part of the contract. The Defendant,
however alleged that being an aged and illiterate person, he was not made aware of the contents of the
said agreement, prepared by the Plaintiff, before appending his signatures thereon and since the
Plaintiff had failed to obtain requisite sale permissions from the appropriate/competent Authorities,
within the stipulated time, he was estopped from claiming any relief because of his own conduct. The
Defendant also denied that the Plaintiff was always ready and willing to perform his part of the
contract by paying the balance sale consideration. Since the Plaintiff did not step into the witness box
for his cross-examination, his affidavit in examination-in-chief could not be read and it had to be
taken that the Plaintiff did not lead any evidence in support of his case.

Issue
Whether the Plaintiff was entitled to a decree for specific performance having been ready and willing
to perform his part of the contract.

Held
Before relief of specific performance could be granted, which otherwise was a discretionary relief, the
Plaintiff had to prove that he was ready and willing to perform his part of the contract, more
particularly, by offering the balance sale consideration. If the Plaintiff failed to either aver or prove the
same, he would fail. To adjudge whether the Plaintiff was ready and willing to perform his part of the
contract, the Court would have to take into consideration the conduct of the Plaintiff prior and
subsequent to the filing of the suit along with other attending circumstances. The amount of
consideration which he was to pay to the Defendant must of necessity be proved to be available right
from the date of the execution till date of the decree.
The Plaintiff neither stepped in the witness box, to depose that, he had contacted the Defendant on
many occasions nor offered to pay the balance sale consideration nor was any evidence led to show
that he was having balance sale consideration ready with him and had offered the same to the
Defendant. In the absence of any evidence having been adduced by the Plaintiff that he was ready and
willing to perform his part of the contract, the Plaintiff was held not entitled to a decree of specific
performance merely because existence of agreement to sell was not in dispute.