As per the recital in the agreements, the defendant was required to get the suit land surveyed and as such the total consideration was agreed to be settled after such survey - No evidence regarding demand made by the plaintiff for survey - Readiness and villingness not proved - 'readiness and willingness' of the plaintiff to be averred and proved and it is a condition precedent to obtain the relief of specific performance.

AIR 2024 SC 3242

AIROnline 2024 SC 441

 

SUPREME COURT OF INDIA

Before:- Pamidighantam Sri Narasimha and Aravind Kumar, JJ.

Civil Appeal No.434 of 2013. D/d.

10.07.2024.

Pydi Ramana @ Ramulu - Appellants

Versus

Davarasety Manmadha Rao Respondents

A. Specific Relief Act, 1963, Section 16 Agreement to sell - Agreement dated 07.06.1993 on which date Rs.2,005/- was paid by the plaintiff to the defendant Further amount towards sales consideration in a sum of Rs.17,000/- was paid by plaintiff to defendant on 23.06.1993 - As per the recital in the agreements, the defendant was required to get the suit land surveyed and as such the total consideration was agreed to be settled after such survey Defendant never got surveyed the suit land - Plaintiff silent on steps taken by the him as expected of a reasonable person - No evidence of demand made by him for the land being surveyed by defendant - No satisfactory evidence to prove his readiness and willingness.

[Paras 13 and 14]

B. Specific Relief (Amendment) Act, 2018 - Amendment is prospective Amendment brought to the Specific Relief Act by Act 18 of 2018 would be inapplicable - Amendment is prospective in nature and cannot be applied to those transactions which took place prior to amendment. Plaintiff is entitled to the specific performance as per the law existing prior to amendment. - -

[Para 11]

C. Specific Relief Act, 1963, Section 16 - Agreement to sell - Section 16(c) of the Specific Relief Act mandates 'readiness and willingness' of the plaintiff to be averred and proved and it is a condition precedent to obtain the relief of specific performance - There is a distinction `readiness' between and the terms `willingness'. 'Readiness' is the capacity of the plaintiff to perform the contract which includes his financial position to pay the sale consideration. 'Willingness' is the conduct of the party.

[Para 13]