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PANKAJ MITHAL, PRASANNA B. VARALE
Russi Fisheries P. Ltd. – Appellant
Versus
Bhavna Seth – Respondent
| Table of Content |
|---|
| 1. background of specific performance suit (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court's analysis of plaintiff's readiness (Para 8 , 9 , 10 , 12 , 13 , 14 , 15 , 17 , 23) |
| 3. arguments against specific performance claim (Para 16 , 18 , 19 , 20 , 21 , 22 , 24 , 27 , 28) |
| 4. findings on existence of valid agreement (Para 29 , 30 , 31 , 32 , 33) |
| 5. implications of witness non-appearance (Para 34 , 35 , 38 , 43) |
| 6. final decision on the appeal (Para 44 , 45 , 46) |
JUDGMENT :
PANKAJ MITHAL, J.
1. This is an appeal arising from a suit for specific performance of an agreement to sell.
2. The said suit for specific performance was dismissed with the alternative relief of refund of the admitted amount paid in advance with interest. The decree passed by the court of first instance was reversed in first appeal which judgment and order has been upheld by the High Court in Second Appeal.
3. One Anil Kishore Seth (since deceased) now represented by his heirs and legal representatives1 [Hereinafter referred to as the ‘plaintiffs’] entered into an Agreement dated 18.07.1988 with Russi Fisheries (P) Ltd.2 [Hereinafter referred to as ‘defendant No. 1’] through its Managing Director Smt. Surjit Kavaljit
(1) Agreement to sell – Suit for Specific Performance – When decree has already been executed and substantive rights have accrued in favour of heirs of plaintiff, it would be inequitable to dislodge ....
Agreement to Sell – If plaintiff, in a suit for specific performance is required to prove that he was always ready and willing to perform his part of contract, it is necessary for him to step into wi....
The court upheld the agreement to sell's execution and the plaintiff's readiness to perform the contract. Specific performance granted with enhanced consideration due to market changes reflecting the....
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....
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.
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
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