HASSANKUTTY Vs. PEERUMUHAMMED RAWTHER

JUDGEMENT

(1.) DEFENDANT No. 3 in a suit for specific performance is the appellant in this case. He is an assignee from the Ist defendant who entered into an agreement with the plaintiff. The suit was decreed and confirmed in appeal by the lower appellate Court. Exhibit A-10 is the agreement for sale dated 3rd October, 1978.

(2.) CAN an agreement without mutuality be enforced ? Can a decree for specific performance be granted in the absence of averment regarding readiness and willingness of the plaintiff in terms of section 16(c) of the Specific Relief Act ? Can a decree for specific performance be granted, when there is much disparity in price due to lapse of time ? These are the substantial questions of law formulated in this appeal. Can an agreement for sale be enforced when there is mistake of fact regarding the identity of a property agreed to be sold, is also argued as a question of law. Therefore, these are the substantial questions of law arising in this case.

(3.) IT is true that Ext. A-10 is not signed by both the parties. But Ext. A-10 contains an unequivocal undertaking by the 1st defendant to sell the property to the plaintiff, after accepting advance from the plaintiff. It is an agreement on the part of the defendant No. 1 in favour of the plaintiff upon due consideration. The plaintiff has accepted that agreement. Thus all the essentials of a valid contract had been satisfied. So even if the plaintiff had not subscribed his signature to Ext. A-10, it cannot be contended that there was no mutuality as the receipt of the consideration or payment and receipt of the advance amount had been satisfied by the defendant No. 1 in Ext. A-10 itself. So there was mutuality and consensus so far as the parties described in Ext. A-10 is concerned. So, Ext. A-10 is not a memorandum of offer alone as contended by the appellant. Because of the passage of consideration and its acceptance and also the acceptance of the offer itself it is a true concluded contract so that it can be enforced.