KALAWATI (D) THROUGH LRS. & ORS. versus RAKESH KUMAR & ORS.

KALAWATI (D) THROUGH LRS. & ORS. versus RAKESH KUMAR & ORS.

The material on record indicates that the respondent did not have the financial ability to pay the balance consideration and was neither ready nor willing to perform his part of the agreement; the relevant contract clause was vague regarding the required certificates, so specific performance cannot be granted.

Parties
Appellant: Kalawati (D) through LRS. & Ors.; Respondent: Rakesh Kumar & Ors.
Jurisdiction
India
Judgment Date
16 February 2018
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeal allowed; judgment and decree passed by the High Court set aside.
Legal Topics
Specific Performance, Agreement to Sell, Readiness and Willingness to Perform Contract
Contract Law Specific Performance Agreement to Sell Readiness and Willingness to Perform Contract

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Parties

Kalawati (D) through LRS. & Ors.

Appellant

Rakesh Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the respondent was ready and willing to perform his part of the contract for specific performance
  2. 2 Effect of vagueness in agreement regarding required certificates

Ratio Decidendi

The material on record indicates that the respondent did not have the financial ability to pay the balance consideration and was neither ready nor willing to perform his part of the agreement; the relevant contract clause was vague regarding the required certificates, so specific performance cannot be granted.

Court Disposition

Appeal allowed; judgment and decree passed by the High Court set aside.

Orders

  • Judgment and decree of the High Court set aside.
  • No costs awarded.