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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venuthurumalli Gopala Krishna Rao
K.S. Balachandra – Appellant
Versus
A V Anuradha – Respondent
| Table of Content |
|---|
| 1. appellate court's findings (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 2. court ruled on specific performance (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 3. second appeal dismissed (Para 27) |
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 11.10.2018 in A.S.No.124 of 2016, on the file of the II Additional District Judge, Hindupur, reversing the Judgment and decree, dated 21.01.2016 in O.S.No.180 of 2011, on the file of Senior Civil Judge, Hindupur.
3. The plaintiff initiated action in O.S.No.180 of 2011, on the file of Senior Civil Judge, Hindupur, with a prayer for specific performance of agreement of sale, dated 13.07.2009 executed by the defendant in favour of the plaintiff.
5. For the sake of convenience, both parties in the appeal will be referred to as they are arrayed in the original suit.
The defendant is the absolute owner of the suit schedule property, who intended to sell the same to the plaintiff for a total sale consideration of Rs.7,50,000/- and executed an agreement of sale in favour of the plaintiff on 13.07.2009, after receiving an advance of R
Specific performance of a contract is a discretionary remedy that requires the plaintiff to prove readiness and willingness to perform their obligations within the stipulated time.
The plaintiff's failure to file the suit within the limitation period and to prove readiness and willingness to perform the contract resulted in dismissal of the specific performance claim.
Time is of the essence in contracts for sale of immovable property; failure to act within stipulated time undermines claims for specific performance.
The court emphasized that specific performance is discretionary and requires the plaintiff to prove continuous readiness and willingness to perform the contract, which was not established in this cas....
Time is not automatically the essence of a contract unless expressly stated; the plaintiff's readiness and willingness to perform must be established.
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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 an essence of the contract in specific performance cases, and plaintiffs must prove continuous readiness and willingness to perform their obligations.
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
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