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B. S. BHANUMATHI
G. Vikram – Appellant
Versus
S. Sivasankar – Respondent
| Table of Content |
|---|
| 1. revision petition background and plaintiff's intent (Para 1 , 2) |
| 2. defendant's objections based on delay and prejudice (Para 3 , 6) |
| 3. court's analysis on readiness and willingness factors (Para 4 , 8) |
| 4. outcome of the revision petition (Para 5 , 9 , 10 , 11) |
| 5. importance of continuous readiness and willingness (Para 7) |
JUDGMENT :
1. This revision petition is filed under Article 227 of the Constitution of India against the order dated 10.12.2024 allowing IA No.187 of 2024 in OS No.15 of 2016 on the file of the Court of II Additional Sessions Judge, Kurnool at Adoni filed under Section 151 CPC by the plaintiff seeking permission to deposit the balance amount of sale consideration of Rs.15,00,000/-.
2. The petitioner is defendant. The suit was filed for specific performance. The plaintiff pleaded that balance of sale consideration of Rs.15,00,000/- is due and the plaintiff was ready and willing to make the deposit of the amount if the Court so directs. At the stage of the arguments, the plaintiff came up with the petition.
3. The petition was opposed by the defendant/respondent by filing counter, mainly stating that the petitioner approached 8 years after filing of the
The requirement of continuous readiness and willingness for specific performance must be established from the time of agreement to the decree, and mere later deposit does not inherently prejudice the....
The court ruled that a plaintiff seeking specific performance is not required to deposit balance sale consideration at the suit's inception, emphasizing the necessity of assessing readiness and willi....
The plaintiff must unconditionally deposit the balance sale consideration, and seeking extension of time must align with the conditions in the sale agreement.
A decree for specific performance remains executable if the decree-holder follows court permissions for deposit, despite prior non-compliance; timely objections by judgment debtors are essential to e....
Point of Law : Section 28 of Specific Relief Act 1963 says “such further period as Court may allow” thereby empowering Courts to extend period for deposit of amount specified - However, there cannot ....
The court affirmed that specific performance can be decreed if the plaintiff proves readiness and willingness, and the burden of proof shifts once a prima facie case is established.
The Plaintiff must prove readiness and willingness to perform a contract for specific performance, including financial capacity, while the burden of proof shifts to the Defendant to disprove the agre....
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