In a recent decision, the Bombay High Court dismissed an appeal about a disagreement over a land sale agreement, focusing on whether both sides were ready and willing to fulfill their promises. The case involved Stephen Noel D'Souza and the family members of Sadashiv Rakhmaji Bodake.
On July 30, 2007, Stephen Noel D'Souza and Sadashiv Rakhmaji Bodake agreed to sell a piece of family land in Nashik for ₹7,61,000. An initial payment of ₹1,51,100 was made. Problems started when Bodake, who had borrowed money from Dena Bank and Nashik Merchants Cooperative Bank, couldn't pay off his loans.
Bodake was supposed to get a subdivision order and pay off the bank loan on the land. However, the agreement didn't say when these things needed to be done and didn't mention the ₹1,50,000 payment needed to get permission from the Collector to sell the land.
"The entire agreement is silent about the Nazrana amount required to be paid to the Collector for obtaining sale permission," noted the court.
The plaintiffs, represented by Ms. Sonawane, said they were ready to finish the deal and even sent legal notices to Bodake. They claimed Bodake gave false information about his share of the land and didn't do what he was supposed to.
Mr. Shinde, speaking for Bodake's family, argued that the plaintiffs knew about Bodake's money problems and didn't help him pay off his debts. The court decided that the plaintiffs didn't prove they were ready and willing to finish the sale.
The court, led by Judge Milind N. Jadhav, agreed with earlier decisions, stating that the plaintiffs didn't show they were ready and willing under the Specific Relief Act, 1963.
"The amount of ₹1,50,000 was clearly inadequate for meeting the obligations by Defendant No. 1," the judgment stated.
The court dismissed the appeal on January 5, 2026, ordering the return of the money deposited to the plaintiffs. This case highlights the importance of having clear terms and responsibilities in agreements, especially in property deals.
