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Concurrent findings of the trial court, first appellate court, and second appellate court regarding genuineness of the agreement and readiness of the respondent, not being perverse or against evidence, pleadings, or law, are binding on the Supreme Court under Article 136; the grant of specific performance was therefore proper and cannot be disturbed.
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The material on record showed the contract terms, conduct of parties, and circumstances gave the respondent an unfair advantage; it would be inequitable to enforce specific performance. The decree for specific performance was set aside and compensation awarded.
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Specific performance cannot be granted where the contract is unenforceable due to statutory or lease conditions, especially non-transferability imposed by DDA for ten years; the courts below overlooked these facts and legal principles.
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The High Court correctly found that the purchasers-plaintiffs were always ready and willing to perform their part of the agreement to sell, as required by Section 16(c) of the Specific Relief Act, 1963, and that the vendors-defendants were not ready with the required documents or obligations; false and abandoned pleas further justified grant of specific performance. Thus, the decree for specific performance was rightly granted.
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Summary dismissal of first appeals in a suit for specific performance without adequate consideration of triable issues, including adverse possession and readiness and willingness, is improper; the matter is remitted to the High Court for fresh consideration.
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Where the prominent object of the suit is recovery of money with interest and the agreement to sell was entered primarily for recovery of debt, the Court may exercise discretion to grant alternative relief of recovery of money rather than specific performance.
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