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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venuthurumalli Gopala Krishna Rao
Annabattuni Sekhar – Appellant
Versus
Challapalli Venkata Swamy – Respondent
| Table of Content |
|---|
| 1. plaintiff sought specific performance (Para 2 , 3 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. court's analysis of evidence (Para 4 , 5 , 6 , 7) |
| 3. plaintiff's counsel contends (Para 14 , 15 , 16 , 17 , 18) |
| 4. plaintiff's failure to prove (Para 19) |
| 5. second appeal dismissed (Para 20) |
JUDGMENT :
This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short) is filed aggrieved against the Judgment and decree, dated 02.09.2010 in A.S.No.74 of 2006, on the file of the XI Additional District Judge, Tenali, confirming the Judgment and decree, dated 30.12.2005 in O.S.No.59 of 1996, on the file of Principal Senior Civil Judge, Tenali.
During the pendency of the appeal, the 1st appellant died and his legal representative is brought on record as 2nd appellant.
4. The learned Principal Senior Civil Judge, Tenali, dismissed the suit without costs. Felt aggrieved of the same, the unsuccessful plaintiff in the above said suit filed A.S.No.74 of 2006, on the file of the XI Additional District Judge, Tenali. The learned XI Additional District Judge, Tenali, dismissed the appeal confirming the decree and judgment of the learned Principal Senior Civil Judge, Tenali. Aggrieve
The plaintiff must demonstrate readiness and willingness to perform a contract for specific performance, which was not established in this case.
A second appeal under Section 100 of the Code of Civil Procedure requires the establishment of a substantial question of law, which was not present in this case.
An agreement to enter into an agreement is unenforceable; specific performance requires a concluded contractual agreement.
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 ruling emphasizes the necessity of fulfilling contractual obligations for specific performance and the implications of non-compliance by the seller.
The court affirmed that specific performance can be granted when the execution of the sale agreement is proven and the plaintiff demonstrates readiness and willingness to perform their contractual ob....
Time is of the essence in contracts, and failure to perform within the agreed timeline results in the claim being barred by limitation under the Specific Relief Act.
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 judgment establishes that specific performance can be granted when the plaintiff proves the execution of the contract and demonstrates readiness and willingness to perform, despite the defendant'....
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....
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