Uma Shankar Prasad vs Bhola Prasad
2025 Latest Caselaw 7428 Jhar

Jharkhand High Court

Uma Shankar Prasad vs Bhola Prasad on 2 December, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         S. A. No. 177 of 2025

          Uma Shankar Prasad
                               ...    ...      Defendant/Appellant/Appellant
                                Versus
          Bhola Prasad
                         ......      Plaintiff/Respondent/Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Bibhash Sinha, Advocate For the Respondents :

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02/02.12.2025

1. Heard the learned counsel for the appellant.

2. Learned counsel for the appellant submits that the agreement of sale is dated 16.12.1992 and the total consideration amount was Rs.1,00,000/- and as per the findings recorded by the court Rs.25,000/- was yet to be paid. He submits that Rs.25,000/- is 25% of the entire consideration amount.

3. Learned counsel for the appellant submits that readiness and willingness to pay the said amount has not been proved by the plaintiff and inspite of that the suit has been decreed by observing that only Rs.25,000/- was yet to be paid.

4. Learned counsel submits that the notice for specific performance of the contract was signed on 25.10.1995 and the suit was filed in the year 1997. He has submitted that readiness and willingness to perform the part of the contract has to be pleaded and proved to the effect that throughout the plaintiff was ready and willing to perform his part of the contract. Readiness and willingness are two different concepts and each is required to be pleaded and proved. He submits that the judgment passed by the learned courts on the point of readiness and willingness is perverse and the same does not satisfied the requirement of Section 16(c) of the Specific Relief Act.

5. Considering, the aforesaid submission, this appeal is admitted for final hearing on the following substantial question of law:-

I. Whether the judgments passed by the learned courts are vitiated on account of non-consideration of the point of readiness and willingness in terms of Section 16(c) of the Specific Relief Act?

6. Issue notice to the respondents for which requisites under speed post be filed within a period of 10 days from today, failing which the present appeal shall stand dismissed without any further reference to the Bench.

7. The records be called from the concerned court.

8. Post this case on 06th January, 2026.

9. Let a copy of this order be communicated to the concerned courts through "Fax/e-mail".

(Anubha Rawat Choudhary, J.)

02.12.2025 Rakesh/-