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TMI Blog2000 (7) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... endant'. 2. The plaintiff entered into a contract with the defendant to purchase the suit property for a consideration of ₹ 25,000/- out of which a sum of ₹ 17,000/- was paid at the time of the execution of the contract on February 20, 1977 (Ext. 2); the balance of the consideration, ₹ 8000/-, was stipulated to be paid within five months from the date of Ext. 2, at the time of execution of registered sale deed in favour of the plaintiff. Alleging that the defendant was evading to receive the balance amount of ₹ 8000/- and execute the sale deed, the plaintiff sent notices through his advocate on March, 15, 1978 (Ext. 5), and again on April 4, 1978 (Ext. 3) and finally on November 26, 1978 (Ext. 4). The plaintif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suming that the averment made out the readiness and willingness, there was no evidence to prove the readiness and willingness of the plaintiff. In that view of the matter, by the impugned judgment, the High Court set aside the judgment of the trial court with regard to relief of specific performance of the contract (Ext. 2) but granted a decree for compensation in a sum of ₹ 22,094/- (Rs. 17,000/- + 1000/- + 4,094/-) with costs. 3. Mr. Sanjay Parikh, learned Counsel for the appellant/plaintiff, challenged the said findings of the High Court. He submitted that there was no such delay as to deny the relief of specific performance of Ext. 2. He brought to our notice the averments in the plaint to show readiness and willingness of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court had rightly denied the same. 5. Here, the short point is whether the impugned judgment of the High Court is sustainable in law. 6. The first ground which the High Court took note of is the delay in filing the suit. It may be apt to bear in mind the following aspects of delay which are relevant in a case of specific performance of contract for sale of immovable property: (i) Delay running beyond the period prescribed under the Limitation Act; (ii) Delay in cases where though the suit is within the period of limitation, yet: (a) due to delay the third parties have acquired rights in the subject-matter of suit; (b) in the facts and circumstances of the case, delay may give rise to plea of waiver or otherwise it will be inequitab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (supra). In that case 'A' agreed to purchase from 'R' a lease hold plot. 'R' was not having lease of the land in his favour from the Government nor was he in possession of the same. 'R', however, received earnest money pursuant to the agreement for sale which provided that the balance of consideration would be paid within a month at the time of the execution of the registered sale deed. Under the agreement 'R' was under obligation to obtain permission and sanction from the Government before the transfer of lease hold plot. 'R' did not take any steps to apply for the sanction from the Government. 'A filed the suit for specific performance of the contract for sale. One of the contentions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o take such a plea. The language in Section 16(c) of the Specific Relief Act, 1963 does not require any specific phraseology but only that the plaintiff must aver that he has performed or has always been and is willing to perform his part of the contract. So the compliance of readiness and willingness has to be in spirit and substance and not in letter and form. It is thus clear that an averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words. If the averments in the plaint as a whole do clearly indicate the readiness and willingness of the plaintiff to fulfil his part of the obligations under the contract which is subject-matter of the suit, the fact that they are differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct as alternative relief, it cannot be said that the is not entitled to the main relief of specific performance of contract itself. 13. None of the reasons given by the High Court is sustainable in law to justify setting aside the judgment and decree of the trial court. Consequently, the judgment of the High Court is liable to be set aside and accordingly we do so and restore the judgment and decree of the trial court. 14. Inasmuch as the plaintiff had already deposited the balance of consideration pursuant to the judgment and decree of the trial court, the legal representatives of the defendant (respondents herein) are ordered to execute the sale deed in favour of the plaintiff within three months from today. The appeal is allowed. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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