Back
HIGH COURT OF ANDHRA PRADESH
VENUTHURUMALLI GOPALA KRISHNA RAO
S. Saleem – Appellant
Versus
Palamangalam Vendamma – Respondent
Judgment:
This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short) is filed aggrieved against the decree and judgment, dated 03.08.2012 in A.S.No.75 of 2006, on the file of the III Additional District Judge, Tirupati, allowing the appeal in part the decree and judgment, dated 21.01.2016 in O.S.No.47 of 1995, on the file of Senior Civil Judge, Puttur.
2. The appellant herein is the 7th defendant; the 1st respondent herein is plaintiff and the respondent Nos.2 to 7 herein are defendant Nos.2 to 6 and 8 in O.S.No.47 of 1995, on the file of Senior Civil Judge, Puttur. It is to be noted herein that during the pendency of this appeal, the 3rd respondent died and her legal representatives were already on record as respondent Nos.2, 4 and5.
3. The plaintiff initiated action in O.S.No.47 of 1995, on the file of Senior Civil Judge, Puttur, with a prayer for specific performance of agreement of sale by receiving the balance sale consideration and execute the sale deed for the suit properties in favour of plaintiff and get it register and deliver vacant possession of the suit property to the plaintiff.
4. The learned Senior Civil Judge, Puttur, decreed the suit with
The court affirmed that a plaintiff seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, which was established in this case despite claims....
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 main legal point established in the judgment is the court's affirmation of the specific performance of the agreement of sale dated 05-8-1995, and the rejection of the 4th defendant's claim as a b....
The court reaffirmed that equitable relief via specific performance requires proven readiness and legitimate title, emphasizing the importance of the parties' conduct, especially regarding collusion ....
Substantial compliance with a sale agreement, including significant payment, can justify specific performance even in the face of claims of joint ownership.
A decree for specific performance of a contract is binding on subsequent purchasers, and they are not required to be brought on record as parties to the suit.
(1) Second Appeal – Jurisdiction of High Court in second appeal under Section 100 of CPC is strictly confined to the case involving substantial question of law.(2) Written Statement – Mere failure or....
Point of law: Unless a statute specifically requires a plea to be in any particular form, it can be in any form. No specific phraseology or language is required to take such a plea. The language in S....
The main legal point established in the judgment is that a suit for specific performance can be filed only against the persons who have entered into a sale agreement, and the necessity of parties in ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
