AIR 1950 NAGPUR 238

Nagpur High Court

Hon'ble Judge(s): Bose , C.J. AND Mangalmurti , J

Specific Relief Act (1 of 1877) , S.22, S.24— Vendee of land to supply stamp paper for executing sale deed - Vendee's suit for specific performance of contract to execute sale deed - He must show that he was ready and willing to perform his part of contract - Notices by vendor for supply of stamp paper and showing her readiness and willingness to execute sale deed - Vendee not found ready and willing to perform his part - Specific performance cannot be granted to vendee - Even though time is not essence of contract it has to be performed within reasonable time under S.46, Contract Act. Contract Act (9 of 1872) , S.46— In a suit for specific performance of a contract to sell, the plaintiff has to allege and if the fact is traversed he is required to prove his continuous readiness and willingness, from the date of the contract to the time of the hearing, to perform the contract on his part. Failure to make good that averment brings with it the inevitable dismissal of his suit: AIR (15) 1928 P.C. 208 and F.A. No.78 of 1942 (Nag), Rel. on.(Para 3) Where the expenses for the deed of sale were to be incurred by the purchaser and until he paid the money for the stamp paper the sale deed could not be executed, it is for the plaintiff purchaser to express his readiness and willingness to pay the money and to call upon the....