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Kamal Kumar v. Premlata Joshi

Civil Appeal · 2019 INSC 16Decided 7 Jan 2019
Civil Appeal No. 4453 of 2009
Justice Abhay Manohar Sapre · Justice Indu Malhotra

Background

The appellant (plaintiff) sued for specific performance of a contract for sale of land against the respondents (defendants). Both the trial court (Additional District Judge, Harda) and the Madhya Pradesh High Court in first appeal held against him, finding he had failed to prove he was ready and willing to perform his part of the contract, and dismissed his claim for specific performance as well as for refund of earnest money.

Decision Breakdown

The Supreme Court reiterated that specific performance is a discretionary, equitable remedy, and set out the key questions courts must examine: existence of a valid concluded contract, the plaintiff's readiness and willingness to perform, actual performance, equities between the parties, and entitlement to any alternative relief. Because both lower courts had concurrently found, on appreciation of evidence, that the plaintiff was neither ready nor willing to perform his obligations, the Supreme Court held this was a factual finding binding on it under Article 136, with no perversity or illegality shown. The appeal was dismissed.

Lesson Learnt

To win a specific performance claim for a property sale contract, a buyer must affirmatively prove continuous "readiness and willingness" to perform their own obligations (such as paying the balance price): courts will not grant this discretionary remedy to a buyer who cannot establish this, and concurrent factual findings by two lower courts are very difficult to overturn on further appeal.

Official source (sci.gov.in)View Judgment (PDF)

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