Rajesh Kumar Vs Anand Kumar & Ors. (Supreme Court of India)
Background of the Dispute
The appellant challenged the judgment of the High Court of Madhya Pradesh, which had set aside the Trial Court’s decree granting specific performance of an agreement to sell agricultural land. The appellant claimed that an agreement to sell had been executed with one of the respondents acting as the Power of Attorney holder of the other co-owners. Earnest money and additional payments were made, and the time for execution of the sale deed was extended on multiple occasions. Before the expiry of the extended period, however, the land was sold to other purchasers. The appellant later filed a suit for specific performance after learning of the sale.
Contentions Before the Supreme Court
The appellant argued that the agreement to sell had been validly executed through the alleged Power of Attorney holder, that the earnest money had been paid, and that the suit had been filed within limitation. It was also contended that the plaintiff’s non-appearance as a witness should not adversely affect the case because readiness and willingness could be proved through the Power of Attorney holder.
The respondents argued that the agreement was void because it had not been executed by all the co-owners of the property. They further submitted that in a suit for specific performance, the plaintiff must personally prove readiness and willingness by entering the witness box, and that the High Court had correctly reversed the Trial Court’s decree.
