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V. GOPALA KRISHNA RAO
P. Sanjaeevarayudu – Appellant
Versus
N. Laxminarafyana – Respondent
JUDGMENT :
V. Gopala Krishna Rao, J.
1. The appeal is filed against the judgment and decree dated 21-7-2004 in O.S.No.207 of 1994 passed by the learned Principal Senior Civil Judge, Anantapur. The suit is filed for the relief of specific performance of an agreement of sale dated 07-11-1991 said to have been executed by the 1st defendant.
2. The case of the plaintiffs as narrated in the plaint, in brief, is as follows:
Time is an essence of the contract in specific performance cases, and plaintiffs must prove continuous readiness and willingness to perform their obligations.
The plaintiff's failure to prove readiness and willingness to perform his part of the contract within the stipulated time precluded him from obtaining the relief of specific performance.
Time is of the essence in contracts for sale of immovable property; failure to act within stipulated time undermines claims for 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.
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(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....
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.
Time is not automatically the essence of a contract unless expressly stated; the plaintiff's readiness and willingness to perform must be established.
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
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