Court holds plaintiff not entitled to specific performance for unproved sale agreement and lack of continuous readiness

A Single Judge bench of Justice A.D. Maria Clete of the Madras High Court heard an appeal challenging the dismissal of a suit for specific performance and consequential reliefs arising from an alleged sale agreement over an undivided share in developed land. The appeal contested the V Additional District Court, Coimbatore's judgment dated 26.03.2018 in O.S. No.550 of 2012, which had dismissed the plaintiff's suit.

The Court dismissed the appeal and affirmed the trial court's finding that the plaintiff failed to prove the execution and genuineness of the alleged agreement for sale (Ex.A2), and also failed to establish continuous readiness and willingness to perform her part of the contract, a prerequisite for the discretionary relief of specific performance. The Court emphasised the burden on the plaintiff to establish the document and the attendant facts and noted procedural and evidentiary deficiencies in the plaintiff's case. The Court, in its reasoning, observed: "In a suit for specific performance, the burden lies squarely on the plaintiff to prove the execution and genuineness of the agreement. Mere production of a document is not sufficient when execution is specifically denied. Though an agreement for sale need not be compulsorily attested, where its execution is disputed and the alleged executant is no more, a stricter scrutiny becomes necessary. In the present case, the plaintiff examined only one attesting witness as PW~2, while the other attesting witness was not examined. Further, no steps were taken to subject Ex.A2 to expert examination." The Court also upheld the trial court's conclusion that, in the circumstances, the plaintiff was not entitled to the alternative relief of refund of the alleged advance.

Background The plaintiff (appellant) pleaded that she entered into a sale agreement dated 21.07.2010 with the late R. Balasubramaniam for one acre out of his 6/10 undivided share, agreed a price of Rs.20,00,000 and paid Rs.15,00,000 as advance, with two years allowed for completion. The vendor died on 31.01.2012 and the legal heirs declined to execute the sale deed, prompting the suit for specific performance and, alternatively, refund of the advance with interest. The defendants denied execution of Ex.A2, alleged fabrication, disputed payment of consideration, and raised inconsistencies including the development of the property into an approved layout and issues as to description of the subject-matter.

At trial the plaintiff examined herself (PW‑1) and one attesting witness (PW‑2) and marked Exs.A1–A11; defendants examined DW‑1 and DW‑2 and marked Exs.B1–B5. The trial court found that Ex.A2 was not satisfactorily proved, noted that the stamp paper bore a purchase date one day after the agreement date, and observed the absence of the second attesting witness and handwriting expert evidence. The court further found that the plaintiff had not shown continuous readiness and willingness: the plaintiff had allegedly paid three‑fourths of the consideration but later advanced an additional Rs.5,00,000 as a loan and obtained a promissory note, a circumstance the Court considered inconsistent with the conduct of a ready purchaser. The judgment recorded that the "stipulation of a long period of two years for completion appears unusual and commercially improbable," and that, in absence of independent proof of payment and execution, the alternative claim for refund could not be allowed. Consequently, the High Court affirmed the dismissal of the suit and refused the alternative relief. The appeal was dismissed with costs and the trial court decree dated 26.03.2018 was confirmed. No interim directions or special liberties were granted.

Case Details: Case No.: A.S. No. 671 of 2018 Case Title: R. Vigneshwari Vs. 1. B.Hemalatha 2. B.Gowtham 3. Minor Koushik (died) Appearances: For the Petitioner(s): Mr. S. Mukunth, Senior Counsel for M/s. Sarvabhauman Associates For the Respondent(s): Mr. V. Venkatasamy for R2