Specific Performance
Suit for specific performance of agreement of sale was decreed by the Trial Court holding that plaintiff was ready and willing to perform his part of the contract—High Court considering the appeal filed by the owners of the property, allowed the same and set aside the judgment and decree passed by the Trial Court mainly on the ground that the Plaintiff was not ready and willing to perform his part of the contract—Appeal—Findings recorded on readiness and willingness on the part of plaintiff were on appreciation of entire evidence on record—Reasoning given by the High Court that plaintiff has not proved that he had the cash and/or amount and/or sufficient funds/means to pay the balance sale consideration, as no passbook and/or bank accounts was produced—Unless the plaintiff was called upon to produce the passbook either by the defendant or, the courts orders him to do so, no adverse inference can be drawn—High Court has materially erred in quashing and setting aside the judgment and decree passed by the trial court by reversing the findings on the readiness and willingness of the appellant—Impugned judgment and order passed by the High Court set aside and that of trial court is restored—Appeal allowed.
[Paras 6 & 7]