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TMI Blog1995 (7) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... o possession as a tenant agreeing to pay a sum of ₹ 1,650/- per month as rent. He laid the suit for specific performance with the averments that the respondents have evaded to execute the sale deed. The respondents pleaded that they were ready and willing to perform their part of the contract and the piaintiffs did not even pay ₹ 20,000/- further advance as contracted by December, 1979 to discharge the mortgage debt due to the Madras Corporation. The amount of ₹ 20,000/- was adjusted towards the rent payable with consent. On adduction of evidence and consideration thereof, the single judge of the High Court found that the plaintiff was not ready and willing to perform his part of the contract giving diverse reasons. On app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd effect as if judgment had been pronounced before the death took place. Therefore, the contention that the judgement and decree of the appellate court is a nullity is devoid of substance. It is next contended that the plaintiff was always ready and willing to perform his part of the contract. To buttress it, counsel placed strong reliance on the evidence of PW-2, who had testified that he was willing and prepared to lend a sum of ₹ 2,00,000/- to the plaintiff on the foot of a promissory note. It is not necessary for the plaintiff that he should keep ready the money on hand. What is relevant and material is that he should have the necessary capacity to raise the funds and was ready and willing to perform his part of the contract w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd at the same time was willing to lend on a pronote to the plaintiff a sum of ₹ 2,00,000/-, which was hard to believe. These circumstances were taken into consideration by the trial Judge as well as the Division Bench in concluding that the plaintiff was not ready and willing to perform his part of the contract. It is settled law that remedy for specific performance is an equitable remedy and is in the discretion of the court, which discretion requires to be exercised according to settled principles of law and not arbitrarily as adumbrated under s.20 of the Specific Relief Act 1963 (for short, 'the Act'). Under s.20, the court is not bound to grant the relief just because there was valid agreement of sale. Section 16(c) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w of the aforesaid factual findings and of the legal position, the High Court has rightly concluded thus: We have no hesitation in recording the agreement with the finding of the learned single Judge that the plaintiff has hopelessly failed and shown rather reluctance than readiness to perform his part of the contract. In the facts that are noticed in the judgement of the trial court, which are extracted by us as above, the only possible conclusion is that the plaintiff really had rather reluctant than willing to perform his part of the contract and was at no time ready with either money or resources to fulfill his part of the contract. The other circumstances which are noticed by the learned single Jude and are detailed by him in the ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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