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V. R. K. KRUPA SAGAR
Chodisetti Putrayya – Appellant
Versus
Vatsavai Sandeep Raju – Respondent
JUDGMENT :
Defendants in the suit filed this appeal against appellate Court’s judgment under section 100 CPC. Respondent in this appeal was the plaintiff before learned trial Court.
2. Seeking relief of specific performance of an oral agreement for sale plaintiff laid O.S.No.129 of 2005 before learned I Additional Senior Civil Judge, Kakinada. Defendants resisted the suit. After due trial the suit was decreed in favour of the plaintiff. Aggrieved of it, defendants preferred their first appeal in A.S.No.3 of 2008 before learned VII Additional District Judge, Kakinada. The winning plaintiff preferred cross objections questioning the failure of the trial court in omitting to grant costs of the suit. After due hearing, by a judgment dated 24.01.2013, the learned VII Additional District Judge, Kakinada agreed with the findings of the trial court on all aspects and dismissed the appeal preferred by the defendants and also dismissed the cross objections filed by the plaintiff. It is against that judgment of the first appellate Court, the defendants have come up with this Second Appeal. On 25.07.2014, an Hon’ble judge of this Court admitted the Second Appeal on the following substantial ques
Existence of a concluded oral agreement for sale, as evidenced by the preparation of a regular registered sale deed and the agreed sale consideration, is crucial in a specific performance case. Defen....
Point of law: specific performance of oral Agreement of sale – Not proved - In a case of specific performance of contract, a greater degree of certainty is required and it demands a clear, definite a....
The burden was on the plaintiff to prove readiness and willingness to perform the essential terms of the contract. The plaintiff failed to establish his readiness to discharge the debts of the defend....
The main legal point established is that an oral agreement of sale can be enforced through specific performance if the requirements under the law are met, and that a sale deed obtained by misrepresen....
A party alleging an oral agreement for sale must prove its existence and payment through substantive evidence; failure to do so can lead to dismissal of the suit.
[The court established that in cases of specific performance based on oral agreements, the plaintiff bears the burden of proof to demonstrate the existence and terms of the agreement with clear and c....
An oral agreement for the sale of immovable property requires proof of consideration and a concluded contract to be enforceable under the Indian Contract Act.
An oral agreement is valid for specific performance if made with free consent and lawful consideration, separate causes of action do not bar subsequent suits.
Unregistered oral agreements for sale of property are unenforceable and cannot be claimed for specific performance.
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