Published on: October 14, 2023 at 13:17 IST
Court: Supreme Court of India
Citation: Man Kaur V. Hartar Singh Sangha (2010)
Honourable Supreme Court of India has held that in a Civil Suit for specific performance, the Plaintiff has to prove:
- Existence of valid agreement of sale was entered into by the defendant in his favour and the terms thereof;
- Defendant committed breach of the contract;
- Plaintiff was always ready and willing to perform his part of the obligations in terms of the contract
17. To succeed in a suit for specific performance, the plaintiff has to prove:
(a) that a valid agreement of sale was entered into by the defendant in his favour and the terms thereof;
(b) that the defendant committed breach of the contract; and
(c) that he was always ready and willing to perform his part of the obligations in terms of the contract.
If a plaintiff has to prove that he was always ready and willing to perform his part of the contract, that is, to perform his obligations in terms of the contract, necessarily he should step into the witness box and give evidence that he has all along been ready and willing to perform his part of the contract and subject himself to cross-examination on that issue.
A plaintiff cannot obviously examine in his place, his attorney-holder who did not have personal knowledge either of the transaction or of his readiness and willingness. Readiness and willingness refer to the state of mind and conduct of the purchaser, as also his capacity and preparedness on the other. One without the other is not sufficient. Therefore a third party who has no personal knowledge cannot give evidence about such readiness and willingness, even if he is an attorney-holder of the person concerned.
Drafted By Abhijit Mishra
