Specific Performance Suit -Trial Court Should Frame Specific Issue On Readiness & Willingness
Case: V.S. Ramakrishnan vs. P.M. Muhammed Ali
Coram: Justices MR Shah and MM Sundresh
Case No.: CA 8050-8051 OF 2022
Court Observation: “It is required to be noted that at the time when the postdated cheque of Rs. 35 lakhs was tendered the same cannot be said to be worthless cheque. The postdated cheque of Rs. 35 lakhs returned by the 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 postdated cheque was returned. At this stage, it is required to be noted that the cheque was not returned for the reasons of insufficient funds in the bank account. Therefore, the observation made by the High Court that the postdated cheque was worthless cheque and tendering such worthless cheque cannot be said to be a payment towards part sale consideration cannot be accepted. We do not approve such observations/reasoning given by the High Court.”
“Such a finding could not have been given by the learned Trial Court without putting the plaintiff to notice and without framing a specific issue on the readiness and willingness on the part of the plaintiff. There must be a specific issue framed on readiness and willingness on the part of the plaintiff in a suit for specific performance and before giving any specific finding, the parties must be put to notice. The object and purpose of framing the issue is so that the parties to the suit can lead the specific evidence on the same”
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