Specific Performance
Dismissal of suit—Appeal—Agreement to sell—High Court has non-suited the appellant – original plaintiff on ground that as postdated cheque of rupees thirty five lakhs was returned which was towards part sale consideration and tendering worthless postdated cheque cannot be said to be tendering payment and therefore, there was no concluded contract between the parties—High Court has refused to go into the aspect of readiness and willingness on the part of plaintiff—At the time when postdated cheque was tendered the same cannot be said to be worthless cheque—Postdated cheque returned by bank was with an endorsement i.e., “payment stopped by attachment order” as there was a raid conducted by the IT Department and the bank account was attached and therefore, the post-dated cheque was returned—Cheque was not returned for the reasons of insufficient funds in the bank account—Observation made by the High Court that the post-dated cheque was worthless cheque and tendering such worthless cheque cannot be said to be  a payment towards the part sale consideration cannot be accepted—Such observations/reasoning given by the High Court—Disapproved—Orders dismissing the suit preferred by plaintiff are set aside and matter remitted back to trial court for consideration afresh in accordance with law and on merits—Appeal allowed.
[Para 4]
Suit for specific performance—Agreement to sell—There must be a specific issue framed on readiness and willingness on the part of plaintiff in a suit for specific performance and before giving any specific finding, the parties must be put to notice—Object and purpose of framing the issue is so that the parties to the suit can lead the specific evidence on the same.
[Para 4.1]