TELECOMMUNICATIONS ENGINEERING SERVICES ASSOCIATION Vs. JASBIR SINGH

JUDGEMENT

(1.) THE suit has been filed for the specific performance of an Agreement to Sell dated 5th September, 1988 in respect of property bearing No. 1/144, Subhash Nagar, New Delhi for a total sale consideration of Rs. 5,10,000/ -. This Agreement acknowledges the payment of Rs. 50,000/ - received from the Plaintiff by the Defendant. The relevant Clause reads as follows - "That within a period of one months from the date hereof, the first party shall execute requisite documents, such as G.P.A/Agreement/Will/Receipt/Affidavit/Sale Promotion etc. regarding transfer of the said property in favour of the second party or her nominees on receipt of the balance sum of Rs. 4,60,000/ - (Rupees four lacs sixty thousand only) before sub -registrar, Delhi and simultaneously the first party shall deliver vacant possession of the said property to the second party on the spot." In paragraph 4 of the plaint it has been stated - "That the balance was to be paid before the Sub Registrar, Delhi at the time of execution of the Sale Deed by defendant No. 1". In paragraph 6 of the plaint it has been averred - "That it was specifically agreed that the defendant No. 1 will get permission to sell the aforesaid property from the Competent Authority and within a month thereafter shall execute the sale deed and the plaintiff was required to pay the balance amount i.e. Rs. 4,60,000/ - to the defendant No. 1 at the time of his executing the sale deed before the Sub Registrar, Delhi." In paragraph 11 it is stated - "That the plaintiff has already been ready and willing to and still prepared to purchase the said property and pay the balance amount throughout the said period. The required money lies in the bank account of the plaintiff."

(2.) THESE statements have been specifically denied by the Defendant No. 1. Learned Counsel for the Defendant has contended that his client had been compelled by abject circumstances to sell the property, as money was urgently required by him for the treatment of his wife who eventually succumbed to her liver aliment. He has relied on a legal Notice dated 27.10.1988 calling upon the Plaintiff to pay a balance sum of Rs. 4,60,000/ -. In Reply thereto, by a letter dated 4.11.1988 it had been demanded on behalf of the Plaintiff, inter alia, that the contesting Defendant should obtain sale permission, which had not done.

(3.) THE central issue is whether the Plaintiff is ready and willing to perform his part of the contract. Section 16(c) of The Specific Relief Act, 1963 in terms mandates that specific performance of the contract cannot be enforced in favour of a person 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 terms the performance of which have been prevented or waived by the defendant. Sub -section (ii) of Section 16(c) further stipulates that the Plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction.