NDLI: Ravi Setia Vs. Madan Lal and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Readiness and willingness Suit for specific performance of contract s.16(1)(c)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Specific Relief Act, 1963 (47 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Specific Relief Act, 1963: s.16(1)(c) – Suit for specific performance of contract – Readiness and willingness of plaintiff to perform his part of contract – Defendants 1 to 3 agreed to sell land in question to plaintiff – The sale deed was to be executed on 30.04.1990 – Case of plaintiff was that the defendant no.1 and 2 did not appear before the Registrar for execution on 30.04.1990 – Trial Court and First Appellate Court arrived at the finding of readiness and willingness on part of the plaintiff solely on basis of a certificate produced by him from the Sub-Registrar confirming his presence before him on 30.04.1990 for execution – Held: Apart from the said certificate, no further evidence was led by the plaintiff to demonstrate readiness and willingness including the continuous capacity for discharge of the balance consideration – In the circumstances the certificate from the office of Sub-Registrar cannot be construed as conclusive evidence to non-suit defendants 1 and 2 – The findings to that effect therefore held to be unsustainable. Specific Relief Act, 1963: s.16(1)(c) – Suit for specific performance of contract – Readiness and willingness of plaintiff to perform his part of contract – Trial Court decreed the suit on 01.06.1994 and granted time to the plaintiff for deposit of the balance consideration within two months – Plaintiff offered no explanation whatsoever for the failure to comply the direction – After expiry of the time granted for deposit, plaintiff filed an application before the Trial Court that in view of the pendency of the First Appeal preferred by defendants, the time for deposit may be extended as otherwise the amount would lie in the bank without interest – Time for deposit was extended till disposal of the First Appeal – Held: The failure of the plaintiff to offer any explanation why the balance consideration was not deposited within the time granted, the filing of the application for extension of time after expiry of the prescribed period coupled with the frivolousness of the grounds taken in the application for extension that the money would lie in the bank without earning interest, were all but evidence of incapacity on part of the plaintiff to perform his obligations under the agreement and reflective of lack of readiness and willingness – The grant of relief for specific performance under s.16(1)(c) of the Act is a discretionary and equitable relief – The plea that the amount would lie in the bank without interest is unfounded and contrary to normal banking practice – This is sufficient evidence of the incapacity or lack of readiness and willingness on part of the plaintiff to perform his obligations – Undoubtedly, the time for deposit could be extended under s.28 of the Act – But the mere extension of time for deposit does not absolve the plaintiff of his obligation to demonstrate readiness and willingness coupled with special circumstances beyond his control to seek such extension – The pendency of an appeal by the defendant did not preclude the plaintiff from depositing the amount in proof of his readiness and willingness – High Court has rightly observed that there was no stay by the Appellate Court of the decree under appeal to justify non-deposit during the pendency of the appeal – There was no infirmity in the order of the High Court concluding that the plaintiff in the facts and circumstances was not ready and willing to perform his obligations.
Judge	Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2019 INSC 1124
Petitioner	Ravi Setia
Respondent	Madan Lal And Others
SCR	[2019] 13 S.C.R. 938
Judgement Date	2019-10-04
Case Number	2837

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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