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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
R. Balaraj – Appellant
Versus
M. Muniramaiah – Respondent
| Table of Content |
|---|
| 1. factual background related to property ownership. (Para 2 , 3 , 4 , 5) |
| 2. appellant's arguments against high court's findings. (Para 6 , 7) |
| 3. court's reasoning on respondent's legal liability. (Para 9 , 10 , 11) |
| 4. modification of liability judgment. (Para 12) |
| 5. final order and conclusion of the case. (Para 13) |
ORDER :
1. Leave granted.
2. The present appeal arises from the Final Judgment and Order dated 06.10.2023 (hereinafter referred to as the ‘Impugned Order’) passed by a learned Single Judge of the High Court of Karnataka at Bengaluru (hereinafter referred to as the ‘High Court’) in Regular First Appeal No. 2607 of 2007 (SP), whereby the appeal filed by respondent no. 1 was partly allowed setting aside the Judgment and Order dated 30.08.2007 passed in O.S. No. 4152/2003 on the file of the XI Additional City Civil Judge, CCH-8, Bangalore City (hereinafter referred to as the ‘Trial Court’).
3. It will be useful to advert to the relevant factual matrix in which the present appeal has traversed to this Court. One M. Anjanappa S/o Munisonnappa (hereinafter also referred to as the ‘defendant no. 1’) was the original owner of property bearing Site No. 3, Katha No. 1197,
Absence of privity of contract absolves the subsequent purchaser from liability to repay the sale consideration under the agreement of sale when specific performance is denied due to lack of evidence....
A sale agreement executed by only one co-owner is defective and cannot support a claim for specific performance, which necessitates establishing readiness and willingness separately.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform their contractual obligations, and the agreement must be validly executed by all necessary pa....
The courts upheld the dismissal of a specific performance suit, emphasizing the need for plaintiffs to substantiate claims and highlighting procedural adherence in appellate review.
Presumption of refund arises when original sale documents are returned; burden lies on plaintiff to prove consideration not refunded and possession for specific performance under unregistered sale ag....
The main legal point established in the judgment is that the plaintiffs' evidence proved their lawful possession and interference by the defendant, and the Trial Court's doubts on the sale transactio....
The necessity for a party seeking specific performance to demonstrate readiness and willingness, coupled with the invalidity of claims based on a revoked power of attorney.
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....
Unilateral cancellation of an irrevocable GPA is impermissible when the agent has an interest in the property, ensuring the protection of the agent's rights.
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