NAGENDRA CHANDRA ROY Vs. LOBCHAND ROY

JUDGEMENT

(1.) This is an appeal from a decree passed by the Assistant District Judge (1) Silchar passed in T.A.No 115/74 allowing the appeal and decreeing the suit for specific performance of a contract to sell the suit land.

(2.) The facts of the case may briefly be stated. On 15.6.72 the plaintiff entered into an agreement with Maina Devi, sister of the plaintiff and predecessor-in-interest of the defendants, for the purchase of the suit land at Rs. 800.00. The term of the agreement was that the plaintiff would pay a sum of Rs. 5001- as an advance, and that Maina would execute the sale deed in favour of the plaintiff on receipt of the balance of Rs. 300.00 within a period of ten months, viz. on before April 15/16th, 1973. The plaintiff paid Rs. 500.00 as agreed upon. As an evidence of the contract and receipt of Rs. 500.00 Maina (since deceased) executed a deed dated 15.6.72 (Ext. 1). Maina died on 17.11.72. In pursuance of the contract, the plaintiff made various demands to the heirs of Maina, the defendants. The defendants have been avoiding execution of the sale deed in favour of the plaintiff on various pretexts. Therefore, the plaintiff instituted a suit on 28.3.73. The trial Court dismissed the suit holding that the plaintiff has failed to prove the agreement to sell the suit land. On appeal, the lower appellate Court set aside the decree and decreed the suit for specific performance of the contract to sell the suit land in favour of the plaintiff. Hence this appeal.

(3.) Mr. S.K. Senapati, the learned counsel for the appellants, has contended that the plaintiff has failed to aver and prove that he has always been ready and willing to perform the essential terms of the contract which are to be performed by him, as provided under section 16(c) of the Specific Relief Act, 1963, and, therefore, the suit is not maintainable. To support his contention Mr. Senapati has relied on two decisions of this Court reported in AIR 1973 Gau 21, Surrendra Chandra Vs. Baikuntha , and AIR 1973 Gau 132, Idris Ali Vs. Abdul .