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H. P. SANDESH
Thammannagowda, S/o Kalegowda – Appellant
Versus
Ramegowda, S/o Maligegowda – Respondent
JUDGMENT :
These matters are listed for admission today. Heard the learned counsel for the appellant and the learned counsel for the respondent after securing the TCRs.
2. R.S.A.No.1082/2022 is filed challenging the judgment and decree dated 05.03.2018, passed in O.S.No.160/2012, wherein the suit filed for the relief of permanent injunction by the original owner is decreed with cost restraining the defendant from interfering over the suit schedule property and the judgment and decree dated 04.01.2022 passed in R.A.No.26/2018 confirming the judgment of the Trial Court.
3. R.S.A.No.1087/2022 is filed against the dismissal of the suit filed by the plaintiff, who is an agreement holder and power of attorney holder, dated 16.12.2017 passed in O.S.No.191/2012 and the same is confirmed by the First Appellate Court by its judgment and decree dated 04.01.2022 passed in R.A.No.5/2018.
4. The plaintiff in O.S.No.160/2012 in the plaint has contended that the suit schedule property bearing Sy.Nos.94 and 95 measuring 2 acres 9 guntas situated at Kirugadalu Village was granted to the plaintiff on 08.11.1978. As per the grant, khatha has been changed in the name of the plaintiff and from the date of g
When there was a non-alienation clause and entire sale consideration is paid, question of readiness and willingness to pay balance consideration money is not of much importance.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
The court emphasized that a plaintiff seeking specific performance must prove readiness and willingness, which was lacking in the context of an unregistered agreement, leading to the dismissal of the....
The main legal point established in the judgment is that the right to sue for specific performance can be lost due to the limitation period, leading to the grant of possession to the defendants.
Court emphasized that once agreements are executed and earnest money paid, specific performance can be enforced unless clear evidence of coercion or duress is presented.
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