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V. R. K. KRUPA SAGAR
Myneni Purnachandra Rao, S/o. Subbaiah – Appellant
Versus
Pulipati Badrinarayana, S/o. Venkateswara Rao – Respondent
JUDGMENT :
This is the vendee’s appeal under Section 100 C.P.C. He filed O.S.No.112 of 2007 seeking for specific performance of an agreement for sale dated 10.11.1986 with a direction to the defendants to execute a registered sale deed in favour of the plaintiff and for delivery of possession of the property and for costs and such other reliefs. After due trial, the learned Principal Senior Civil Judge, Nandyal dismissed the suit. Aggrieved by it, he preferred an appeal before the learned District Court in A.S.No.1 of 2010. After due hearing, the learned III Additional District Judge, Kurnool at Nandyal by a judgment dated 06.01.2012 dismissed the appeal and thereby confirmed the judgment of the trial Court. In pursuit of his prayer, plaintiff is now in this second appeal.
2. Respondent Nos.1 and 2 are natural brothers to each other and they were the defendants in the suit and respondents in this appeal.
3. On 22.06.2012 a learned Judge of this Court admitted the appeal on the following substantial questions of law :
The main legal point established in the judgment is that the appellant's failure to demonstrate readiness and willingness to perform his part of the contract resulted in the denial of specific perfor....
Agreement to sell – A vendee who failed to prove his readiness and willingness to perform his part of obligations is disentitled from seeking specific performance.
The Plaintiff must prove continuous readiness and willingness to perform a contract for specific performance, and time can be made of the essence through express terms or circumstances.
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
The plaintiffs must prove their readiness and willingness to perform their part of the contract in order to be entitled to the relief of specific performance.
The plaintiff was always ready and willing to perform her part of the contract, and the defendants failed to prove that the plaintiff lacked the financial capacity to pay the balance sale considerati....
(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
(1) Specific performance – Ordinary rule is that specific performance should be granted – It ought to be denied only when equitable considerations point to its refusal and circumstances show that dam....
The court held that the agreement to sell was enforceable despite time not being the essence due to conditions of pending litigation and tenant eviction, affirming the plaintiff's continuous readines....
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