IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sri Justice Venuthurumalli Gopala Krishna Rao, J
Kandula Surya Kumari – Appellant
Versus
Guthula Kannababu (died) – Respondent
Judgment :
(VENUTHURUMALLI GOPALA KRISHNA RAO, J.)
This second appeal is filed aggrieved against the Judgment and decree dated 13-7-2023 in A.S.No.10 of 2021 on the file of the VIII Additional District and Sessions Judge cum Special Judge for Trial of Offences against Women, Rajamahendravaram, East Godavari District, confirming the Judgment and decree dated 30-12-2020 in O.S.No.698 of 2010 on the file of the I Additional Senior Civil Judge, Rajamahendravaram.
2. The appellants herein are defendants 3 to 5, respondents 1 and 2 are plaintiffs 1 and 2 and respondents 3 and 4 are defendants 1 and 2 in O.S.No.698 of 2010 on the file of I Additional Senior Civil Judge’s Court, Rajamahendravaram.
3. The 1st plaintiff initiated action in O.S.No.698 of 2010 on the file of the I Additional Senior Civil Judge, Rajamahendravaram, for specific performance of agreement of sale dated 03-5-2010 directing the defendants 1 to 3 to execute a registered sale deed in his favour upon receipt of balance of sale consideration or in the alternative, to pass a decree for a sum of Rs.4,15,213/- together with subsequent interest thereon with a charge on the plaint schedule property and for costs of the suit. Duri
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.
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 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 CPC must arise from a substantial question of law; otherwise, it may be dismissed.
The main legal point established in the judgment is that reliance on an unregistered document and failure to seek necessary reliefs can render a suit not maintainable.
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....
The central legal point established in the judgment is the importance of following the proper procedure for admitting additional evidence and considering subsequent events that may impact the validit....
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 affirmed the validity of a sale agreement and ruled that the suit for specific performance was filed within the limitation period, emphasizing the significance of contractual time limits.
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