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Specific Relief- Mere Extension Of Time For Deposit Will Not Absolve Plaintiff Of Obligation To Prove Readiness & Willingness
12 Nov 2019 12:07 am
The Supreme Court has held that mere extension of time for deposit of balance sale consideration will not absolve the plaintiff of obligation to prove readiness and willingness to perform his part in an agreement for sale.
The grant of extension of time cannot ipso facto be construed as otherwise demonstrating readiness and willingness on part of the plaintiff, observed the bench comprising Justices Navin Sinha and Indira Banerjee.
In this case Ravi Setia vs Madan Lal and others, the bench was dealing with an appeal by a plaintiff against the judgment of the High Court setting aside the concurrent findings of courts below which decreed the suit for for specific performance of sale agreement.
The HC noted that plaintiff had not deposited the balance sale consideration within the prescribed time. Extension of time for deposit was sought by the plaintiff on frivolous grounds. On these factors, the HC deduced that the plaintiff had not proved his "readiness and willingness" as per Section 16(c) of the Specific Relief Act, 1963.
