A. P. Misra, J. - (1.) The short question raised in this appal is, how to construe a plea of "readiness and willingness to perform" to subserve to the requirement of Section 16(c) of the Specific Relief Act, 1963 (hereinafter referred to as "the Act") and the interpretation of its explanation.
(2.) This appeal arises out of an Order dated 22nd October, 1986 passed by the High Court of Karnataka allowing the Second Appeal No. 954 of 1975 in favour of the respondent-defendant by dismissing the suit of the plaintiff-appellant for specific performance of an agreement to sell. This resulted into setting aside concurrent findings of both the Courts below which decreed the appellant's suit. For this the sole ground was that appellant did not aver in his plaint that he was ready and willing to perform his part of the contract. Before adverting to this issue, it is necessary to give some bare facts.
(3.) The appellant-plaintiff filed a suit for specific performance of an agreement to sell dated 11th August, 1960. According to the plea, defendant entered into an agreement to sell the properties for the consideration of Rs. 9,500/-. As per stipulation in the agreement, the plaintiff agreed for an adjustment of the mortgage amount of Rs. 5,000/- and paid Rs. 500/- to the defendant-respondent towards part consideration on the same date when the said agreement was executed. On this payment, only Rs. 4,000/- remained as the balance amount to be paid and on this payment a sale deed was to be executed. As per plea, the defendant subsequently received a sum of Rs. 3,680/- on and off from 13-1-1961 to 21-12-1965 from the plaintiff which is endorsed on the agreement to sale on 21-12-1965. The plaintiff also paid to the defendant Rs. 100/- on 21-3-1966 and another Rs. 100/- on 4-5-1966. Thus, in all out of the aforesaid balance amount of Rs. 4,000/-, the plaintiff paid Rs. 3,880/-. It is also averred that these payments are also duly recorded in the account book of the defendant. When plaintiff approached the defendant to receive the balance of Rs. 120/- towards sale price and to execute the sale deed the defendant evaded and hence left with no option, a legal notice was served on the defendant.;