Full Judgment Text
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PETITIONER:
SUKHBIR SINGH & ORS.
Vs.
RESPONDENT:
BRIJ PAL SINGH & ORS.
DATE OF JUDGMENT: 10/05/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This special leave petition arises from the order of
the Allahabad High Court dated April 1, 1996 passed in
S.A.No. 680 of 1995.
The first petitioner is a purchaser from the respondent
of the land under registered sale deed dated March 10, 1975
with a contemporaneous agreement of reconveyance to the
respondent within a period of two years from the said date.
The first respondent laid suit for specific performance
pleading that despite his readiness and willingness the
petitioner had avoided to sell back the property. he
pleaded that despite his making several requests to execute
the sale deed on receiving sale consideration, the
petitioner went on assuring to do the same but failed to
execute the sale deed. Ultimately, when the petitioners had
agreed to have the sale deed executed and get it registered
in the office of the Sub-Registrar at Muzaffarnagar on March
9, 1997, the respondents kept waiting on that date for the
petitioners to come and execute the sale deed but the
petitioners did not turn up. On an application moved by the
respondents of their presence, the Sub-Registrar had entered
their attendance in his office register on March 9, 1997.
Though the respondents tried to reach out the petitioners on
March 10, 1997 the petitioners intentionally avoided to
execute the sale deed in their favour. Consequently, their
efforts to have the property reconveyed failed. So, they
laid the suit for specific performance of the agreement.
The petitioners pleaded that though they had executed
agreement of reconveyance, the same was cancelled by another
agreement dated June 4, 1975, Ex. A-1. They also pleaded
that they were always ready and willing to perform their par
of the agreement. The respondents did not have sufficient
means to pay the sale consideration of Rs. 47,6000/-. The
respondents filed the suit only to blackmail the
petitioners. After framing appropriate issues, adduction of
evidence and on consideration thereof, the trial Court
dismissed the suit holding that the respondents had failed
to prove that they wee willing to perform their part of the
contract nor have they enough funds to repurchase the lands
in dispute. But on appeal, the additional District Judge in
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C.A.No.72/1992 allowed and decreed the suit on May 22, 1995
and decreed the suit and the second appeal came to be
dismissed by the High Court by the impugned order.
Shri Manoj Swarup, learned counsel for the petitioner
contended that the suit is not in conformity with Forms 47
and 48 of Appendix AA of the Code of Civil Procedure (Code)
as amended by the High Court of Allahabad. The respondents
have not pleaded, as enjoined in Section 16 (1) (c) of the
Specified Reliefs Act, 1963 (for short, the "Act) that the
respondents had ready money for getting the sale deed
executed. The decrees of the appellate Court as well as of
the High Court are, therefore, bad in law. We find no force
in the contentions.
In paragraph 5,9 and 10 of the plaint the respondents
have in substance pleaded that they had been and were still
willing to perform their part of the agreement and the
defendants did have notice in that behalf. It is seen that
averments made in the above paragraphs are in substance as
per Forms 47 and 48 prescribed in Appendix AA of the Code as
amended by the High Court. What requires to be considered
is whether the essential facts constituting the ingredients
in Section 16 (1) (c) of the Act were pleaded and that found
mentioned in the said Forms do in substance point to those
facts. The procedure is the hand-maid to the substantive
rights of the parties. it would, therefore, be clear from a
perusal of the pleadings and the forms that the averments
are consistent with the Forms. When the respondents had
pleaded and proved by the by the Sub-Registrar’s endorsement
as per paper No.41/C that the respondents were present in
the office of the Sub-Registrar for having the sale deed
executed and registered by the petitioners, it would be
explicit that the respondents were ready and willing to
perform their part of the agreement., The facts that the
petitioners did not attend the office would prove positively
that the petitioners had avoided execution of the sale deed.
Law is not in doubt and it is not a condition that the
respondents should have ready cash with them. The fact they
attended the Sub-Registrar’s office to have the sale deed
executed and waited for the petitioners to attend the office
of the Sub-Registrar is a positive fact to prove that they
had necessary funds to pass on consideration and had with
them the needed money with them for payment at the time of
registration. it is sufficient for the respondents to
establish that they had the capacity to pay the sale
consideration. it is not necessary to pay the sale
consideration. It is not necessary that they should always
carry the money with them from the date of the suit till
date of the decree. It would, therefore, be clear that the
courts below have appropriately exercised their discretion
for granting the relief of specific performance to the
respondents on sound principles of law.
The special leave petition is accordingly dismissed.