VENUTHURUMALLI GOPALA KRISHNA RAO
V. Udayabhaskar, S/o. Gopalakrishnayya – Appellant
Versus
M. Obul Reddy, S/o. Obul Reddy – Respondent
JUDGMENT :
Venuthurumalli Gopala Krishna Rao, J.
This Appeal, under Section 96 of the Code of Civil Procedure [for short “the C.P.C.”], is filed by the Appellants/Defendant Nos.3 to 7, challenging the decree and Judgment, dated 29.10.1997 in O.S.No.173 of 1990 passed by the learned Subordinate Judge, Nellore [for short ‘the Trial Court’]. The Respondent No.1 herein is the plaintiff and appellants here are the defendant Nos.3 to 7 in the said suit. The respondent No.2 i.e., defendant No.2 died during the pendency of appeal, his legal representatives are already on record as appellants.
2. The respondent No.1/plaintiff filed the suit for specific performance of agreement of sale, dated 05.01.1990 and for a direction to the defendants to execute a registered sale deed in his favour.
3. Both the parties in this appeal will be referred to as they are arrayed before the Trial Court.
4. The brief averments in the plaint in O.S. No.173 of 1990 are as under:
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The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
Specific performance of a contract is a discretionary remedy, requiring proof of readiness and willingness by the plaintiff, which was established in this case.
The court affirmed the plaintiff's entitlement to specific performance of the agreement of sale, emphasizing the defendant's failure to fulfill contractual obligations.
The Plaintiff's readiness and willingness to perform the contract, as well as the Defendant's failure to prove that the sale agreement was fabricated, were crucial in the court's decision to confirm ....
Point of law: Unless a statute specifically requires a plea to be in any particular form, it can be in any form. No specific phraseology or language is required to take such a plea. The language in S....
The main legal point established in the judgment is the court's affirmation of the specific performance of the agreement of sale dated 05-8-1995, and the rejection of the 4th defendant's claim as a b....
The subsequent rise in price and the defendant's resistance were not valid grounds to deny the relief of specific performance. The trial court rightly exercised its discretion in granting the relief ....
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
The court affirmed that a plaintiff seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, which was established in this case despite claims....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
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