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T. MALLIKARJUNA RAO
Kakarla Venkataratnam (Died) – Appellant
Versus
Guntur Venkata Narasaiah Died – Respondent
JUDGMENT :
T. MALLIKARJUNA RAO, J.
1. This Second Appeal has been filed by the Appellant/4th Respondent/4th Defendant against the Decree and Judgment dated 15.12.2009 in A.S. No. 310 of 2008 on the file of District Judge, Guntur (for short the 1st Appellate Court’) reversing the decree and Judgment dated 22.09.2008 in O.S. No. 282 of 2005 on the file of V Additional Senior Civil Judge, Guntur (for short ‘the trial Court’).
2. The Respondents 1 to 4/Appellants are the Plaintiffs, who filed the suit in O.S. No. 282 of 2005 seeking specific performance of a contract of sale dated 05.05.1985 directing all the Defendants to execute a sale deed regarding schedule property and deliver possession of the same to the Plaintiff; in case of default, the Court may please to execute a regular sale deed on their behalf and also for compensation of Rs.62,000/-. The Respondents 5 to 7/Respondents 1 to 3 are the Defendants 1 to 3 in the said suit.
3. Referring to the parties as they are initially arrayed in the suit in O.S. No. 282 of 2005 is expedient to mitigate any potential confusion and better comprehend the case.
4. The factual matrix, necessary and germane for adjudicating the contentious issues b
The remedy of specific performance is discretionary and requires the plaintiff to prove readiness and willingness to perform the contract, which was not established in this case.
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....
Under section 100 CPC, after the 1976 amendment, it is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of the first appellate....
Specific performance requires timely action and demonstration of readiness and willingness, which was not proven here.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
The court established that in a suit for specific performance, the plaintiff's readiness and willingness to perform the contract must be assessed in light of the entire context, including possession ....
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....
The court's decision was influenced by the lack of good faith, absence of notice, and delay in filing the suit, which disentitled the plaintiff to specific performance.
(1) Second Appeal – Jurisdiction of High Court in second appeal under Section 100 of CPC is strictly confined to the case involving substantial question of law.(2) Written Statement – Mere failure or....
The court ruled that a plaintiff must prove readiness and willingness to execute a sale agreement, and failure to do so, along with undue hardship to defendants, can preclude specific performance.
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