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V. R. K. KRUPA SAGAR
Sajja Subhash Chandra Bose – Appellant
Versus
Kota Suryanarayana – Respondent
JUDGMENT :
V.R.K. Krupa Sagar, J.
An agreement for sale is the cause of controversy. Seeking specific performance of the agreement for sale, the purchaser filed O.S.No.99 of 2007 before the learned VII Additional District and Sessions Judge, (Fast Track Court) at Vijayawada. After due contest, judgment and decree were passed in favour of the plaintiff. What is to be noticed is that in the said suit the plaintiff/purchaser primarily sought the relief of specific performance of the agreement for sale and made an alternative prayer for refund of advance sale consideration along with interest. The learned trial Court by its judgment dated 02.09.2010 granted the alternative relief. Feeling prick for not getting the primarily relief the plaintiff in the suit preferred this appeal under Section 96 C.P.C. Respondent Nos.1 to 4 in this appeal are the defendants in the suit. In this appeal the appellant prays this Court to grant him the relief of specific performance of agreement for sale.
2. Sri V.V.N. Narayana Rao, the learned counsel for appellant/plaintiff and Sri P.Narasimha Rao, the learned counsel for respondents argued their respective contentions.
3. Prefatory facts:
As could be seen fro
An unregistered agreement for sale can be enforced for specific performance, and a rise in property prices alone does not justify denying such relief if the purchaser is ready and willing to perform.
The court affirmed that an agreement for sale is valid and enforceable when supported by consideration, rejecting claims of it being merely a security for a loan.
Point of Law - Section 16 (c) of the Act of 1963 provides that specific performance of a contract cannot be enforced in favour of a person who fails to prove that he has performed or has always been ....
An unregistered document can be admitted as evidence in a suit for specific performance to show a contract between the parties, and the plaintiff's continuous readiness and willingness to perform the....
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
(1) Registration of document is not sine qua non for receiving the same as evidence of a contract in a suit for specific performance.(2) Plaintiff can very well make alternative prayer in a suit for ....
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