FAQUIR CHAND Vs. SUDESH KUMARI

JUDGEMENT

(1.) Leave granted.

(2.) The unsuccessful defendant is the appellant before us. The respondent herein filed a suit for specific performance or in the alternative for damages. All the three courts below, on a consideration of the entire materials placed, both oral and documentary, decreed the suit for specific performance. Before us, Mr. Amar Vivek, learned counsel for the appellants argued that in the absence of pleadings to readiness and willingness to execute a sale deed; the suit for specific performance of an agreement cannot be decreed. We have carefully gone through the judgments rendered by the three courts below. The High Court on a consideration of the entire material placed before it was of the view that no interference was called for in the second appeal.

(3.) The learned counsel for the appellant at the time of hearing, placed reliance on Sec. 16 of the Specific Relief Act. In order of appreciate the rival submissions, Sec. 16(c) needs to be quoted along with explanation. The same reads as follows :