Hrishikesh Banerji, J. - (1.) The substantial question of law involved in the present appeal is whether in the absence of the respondent/purchaser's literal averment in the plaint about his readiness and willingness to perform the contract of sale in terms of Section 16(c) of the Specific Relief Act, 1963 (the '1963 Act' for short), the respondent No. 1 is entitled to a decree/for Specific Performance of Contract as prayed for.
(2.) Briefly stated the facts of the present case are follows:- By a registered agreement for sale dated March, 27, 1979 the appellant/vendor agreed to sell I cottah and 8 chittaks of land with structures to the respondent No. 1 at a price of Rs. 14,000/-. The respondent No. 1 also made an advance payment of Rs. 5,000/- towards the consideration in terms of the said deed. The concurrent findings of the Courts below are that the possession of the suit property was handed over to the purchaser after the agreement and that the purchaser made improvements of the property spending a sum of Rs. 12,000/-. The appellant/vendor received further sums of Rs. 500/- and Rs. 1,500/- on April 20, 1979 and on May 23, 1979 respectively towards the consideration granting receipts therefore to the purchaser.
(3.) Till the month of February, 1980 the Land Ceiling Authority could not give any permission for the sale as the appellant/vendor did not furnish any sanctioned plan in respect of the property. Permission of the Land Ceiling Authority was obtained on August 20, 1980. The purchaser started living in the suit property from October 23, 1980. The appellant/vendor thereafter repudiated the agreement for sale by her letter dated 6th January, 1981. It is alleged by the appellant that she was dispossessed by the respondent/purchaser from the suit property on February 10, 1981.;