Law: Specific Relief Act, 1877

Section: 12

(a) Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance of agreement to sell--- Pre-condition---Suit for specific performance of agreement to sell is discretionary relief; it is obligatory upon plaintiff to demonstrate in unequivocal terms in his pleadings, as well as by his conduct throughout the proceedings that he has always been and is still ready and willing to perform his agreed part of contract. (b) Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance of agreement to sell---Readiness to perform contractual obligation---Damages---Proof entered into sale agreement with defendant for property in question---Defendant resisted the suit on the plea that plaintiff failed to pay balance consideration amount within due time and defendant faced loss due to such failure therefore plaintiff was not liable to return of earnest money---Validity failed to bring on record any document and produce any witness which could show that when he did not receive any reply of his first notice from defendant what efforts he had taken to communicate his willingness and readiness to perform his part of obligation under the contract--- Plaintiff before filing of suit was well aware of the fact that defendant had sold out suit property to someone else, however, plaintiff did not show any effort either to know name of the new buyer or to implead him as party in proceedings which fact reflected lack of seriousness of plaintiff for seeking specific performance of contract---Party seeking specific performance of an agreement to sell was essentially required to deposit balance sale consideration amount in Court---By making such deposit plaintiff was to demonstrate its capability, readiness and willingness to perform his part of contract, which was an essential pre-requisite to seek specific performance of a contract---Failure of a party to meet such essential requirement disentitled that party to the relief of specific performance, which was a discretionary relief---Defendant failed to substantiate his stance of loss through evidence, therefore, he was not entitled to forfeit the amount paid by plaintiff under the agreement was not entitled to…

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