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ABHAY S. OKA, PANKAJ MITHAL
Madhavan (Dead) through LRs. – Appellant
Versus
Kanakavally – Respondent
ORDER :
1. Heard the learned senior counsel appearing for the parties.
2. The decree of the Trial Court was set aside by the High Court by its impugned judgment.
3. Brief reference to few facts will be necessary. The first appellant on 03.10.1988 executed a sale deed in favour of the second appellant and the respondent in respect of the suit property. On 03.03.1989, a registered release deed was executed by the second appellant in favour of the respondent-defendant relinquishing her rights in respect of the suit property under the sale deed executed by the first plaintiff (therein) on 03.10.1988. According to the case of the appellants, on 19.03.1989, the respondent executed an agreement in favour of the second plaintiff for re-conveyance of the suit property.
4. On 29.12.1989, a suit simpliciter for injunction was filed by the appellants praying for restraining the respondent from executing a sale deed in respect of the suit property in favour of the strangers. An injunction was also claimed for protecting possession of the appellants over the suit property. Subsequently, an application was made by the appellants for amendment of the plaint. The application was allowed. By the amendme
The court ruled that specific performance cannot be granted if the plaintiff's own pleadings assert that the defendant lacks rights to the property, rendering the claim inequitable.
Agreement to Sell – Suit for Specific Performance – Once execution of agreement to sell and payment/receipt of advance substantial sale consideration is admitted by vendor, thereafter nothing further....
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
The subsequent sale of the property did not affect the rights of the decree-holder, and the executing court must consider the rights of subsequent purchasers under Section 19(b) of the 1963 Act.
The court ruled that a decree for specific performance should be granted if the plaintiff consistently demonstrates readiness and willingness, irrespective of the phrasing in pleadings, provided that....
Agreement of Sale – Court cannot grant relief of specific performance against a person compelling him to enter into an agreement with a third party and seek specific relief against such a third party....
Agreement to sell – Relief of specific performance is discretionary and equitable.
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
The judgment establishes that a plaintiff seeking specific performance must prove readiness and willingness to perform the contract, and that reasonable delays in filing suit do not automatically pre....
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