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HEMANT CHANDANGOUDAR
GURAPPA – Appellant
Versus
BASAVARAJ – Respondent
JUDGMENT :
Hemant Chandangoudar, J.
1. This appeal under sec. 100 of the Code of Civil Procedure is filed against the judgment and decree dtd. 29/7/2008 passed by the Additional Civil Judge (Sr.Dn) Gadag in R.A.No. 46/2004 reversing the judgment and decree dtd. 27/8/2003 passed by the Civil Judge (Jr.Dn) and JMFC, Laxmeshwar in O.S.No. 147/1992.
2. Parties are referred as per their ranks before the trial court for the sake of convenience.
3. The defendant is in appeal. Plaintiff filed a suit for specific performance of agreement of sale dtd. 13/12/1989. The plaint averments in brief are that the defendant, who is the owner of the suit property, executed agreement of sale in favour of the plaintiff agreeing to sell the suit property for total sale consideration of Rs.30,000.00 and out of the same, Rs.21,000.00 was paid as an advance sale consideration, the receipt of which was duly acknowledged by the defendant. It was further contended that though the plaintiff was ready and willing to perform his part of contract to get the registered sale deed executed by paying balance sale consideration amount of Rs.9,000.00 to the defendant, the defendant was not ready to perform his part of contr
The attorney holder cannot depose or give evidence in place of his principal for the acts done by the principal or transactions or dealings of the principal, of which principal alone has personal kno....
The burden of proof shifts to the defendant to prove her case once the plaintiff proves the execution of the agreement to sale, payment of part consideration, and readiness to perform.
The court held that a plaintiff must prove readiness and willingness in specific performance claims, and doubts regarding the authenticity of an agreement can lead to dismissal.
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'....
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