AIR 2020 (NOC) 249 (CHH.) ::AIROnline 2019 Chh 701 ::(2019) 3 CivLJ 817 ::(2019) 4 CgLJ 60 ::I L R 2019 Chhattisgarh 1840

Chhattisgarh High Court

Hon'ble Judge(s): Prashant Kumar Mishra, Parth Prateem Sahu , JJ

(A) Specific Relief Act (47 of 1963) , S.20, S.16— Suit for specific performance - Agreement to sell - Readiness and willingness - Plaintiff though pleaded that he was ready and willing to perform his part of contract for Rs.15,00,000/-, but failed to produce any cogent or reliable piece of evidence with respect to availability of funds with him - Vendee not produced any bank document or pass-book showing credit balance of required amount with him to prove that he was having funds in his credit balance for making payment to vendors at time of execution of sale deed - Failure of vendee to prove his readiness and willingness to perform his part of contract - Not entitled to decree of specific performance. (2014) 15 SCC 743 - Rel. on. (Para 19 20 21) (B) Specific Relief Act (47 of 1963) , S.20— Contract Act (9 of 1872) , S.12— Suit for specific performance - Agreement to sell - Plea of vendors that they were under influence of liquor when vendee obtained their signatures on sale deed - Vendors immediately made effort to return amount paid by vendee and also sent legal notice - Witness stated that on date of execution of agreement vendors were under influence of liquor - No requirement or necessi....