Under specific performance plea of hardship cannot be raised if not pleaded in written statement.

The Supreme Court has observed that a defendant in a specific performance suit should plead in his written statement the hardship that will be caused if the decree of specific performance of the contract is passed against him.

The Court delivered the observation in the matter of Beemaneni Maha Lakshmi vs. Gangumalla Appa Rao (through LRs) [Civil Appeal Nos. 4537*4538/2017], decided on 09.05.2019.

CHALLENGE

In this matter the Andhra Pradesh High Court dismissed appeal against a trial court decree of specific performance directing the defendant to execute the sale deed with respect to property. As the Apex Court bench refused to interfere on the aspect of readiness and willingness of the plaintiff, the defendant raised a plea that if the decree for specific performance of the contract is passed after number of years, it would cause undue hardship to the defendant – vendor.

HELD

The Division Bench of the Supreme Court  observed that a defendant in a specific performance suit should plead in his written statement the hardship that will be caused if the decree of specific performance of the contract is passed against him. The  Court referred to the judgment of A. Maria Angelena v. A.G. Balkis Bee, AIR 2002 SC 2385 and observed that the the vendor sought to raise the plea of hardship for the first time before this Court and the Court did not permit the vendor to raise such a plea of hardship by observing that as no plea as to hardship if relief for specific performance is granted was raised by the defendant – vendor in written statement nor any issue was framed that the plaintiff – purchaser could be compensated in terms of the money in lieu of decree for specific performance, such plea cannot be entertained for the first time in appeal by way of SLP, more so, when there are concurrent findings that the plaintiff was ready and willing to perform his part of the contract has been recorded by the lower courts. Therefore, the plea raised on behalf of the vendor on hardship cannot be permitted to be raised now, more particularly when no such plea was raised/taken in the written statement.