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H. P. SANDESH
G. Arun Kumar, S/o. Late Jayasheela – Appellant
Versus
Narasimha Poojary, S/o. Bacha Poojary – Respondent
JUDGMENT :
This matter is listed for admission. Heard the learned counsel appearing for the respective parties.
2. This appeal is filed challenging the judgment and decree dated 04.04.2019 passed in R.A.No.5003/2018 on the file of the IV Additional District and Sessions Judge, Shimoga, sitting at Bhadravathi.
3. The factual matrix of the case of the plaintiff before the Trial Court is that he had entered into an agreement with defendant No.1 for purchasing the vacant site for a valuable consideration of Rs.6,00,000/- vide sale agreement dated 04.08.2014 and he had paid the earnest money of Rs.1,00,000/- and agreed to pay the remaining amount of Rs.5,00,000/- at the time of registration of the sale deed and time was fixed for registration was for a period of three months. It is also his claim that he was repeatedly asking the defendant to furnish the documents to have the sale deed and the defendant No.1 did not come forward to execute the sale deed and he was always ready and willing to perform his part of contract. In pursuance of the suit summons, the defendant No.1 appeared and filed written statement contending that the agreement date 04.08.2014 was terminated and he also returne
In order to grant the relief of specific performance, the plaintiff must be always ready and willing to perform his part of the contract.
Agreement to Sell – Continuous willingness on part of plaintiff is condition precedent to grant relief of specific performance.
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
Agreement to Sell – Acceptance of earnest money amounts to admission on behalf of vendor of part performance of contract on part of vendee.
The subsequent rise in price and the defendant's resistance were not valid grounds to deny the relief of specific performance. The trial court rightly exercised its discretion in granting the relief ....
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
A valid termination of a contract requires written notice as specified in the agreement, and readiness and willingness are essential for granting specific performance.
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