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SACHIN SHANKAR MAGADUM
Somashekar – Appellant
Versus
M. V. Gururaju – Respondent
JUDGMENT/ORDER
1. The captioned second appeal is filed by unsuccessful defendants who have questioned the concurrent findings of the Courts below wherein plaintiff's suit for specific performance of contract based on an agreement to sell dtd. 19/1/2005 is held to be proved and decreed by both the Courts.
2. For the sake of brevity, the parties are referred to as per their rank before the Trial Court.
3. The plaintiff has filed the present suit seeking enforcement of an agreement dtd. 19/1/2005. Plaintiff claims that defendants offered to sell a portion of property bearing Sy.No.457/6. Plaintiff has specifically pleaded that out of the said survey number, a portion measuring 30x100 feet was agreed to be sold by the defendants. Plaintiff has specifically pleaded that this property was originally owned by one Ningegowda who was also called as Ninga. The said original owner secured a conversion order and he was in exclusive possession till his death and after his death, his wife Ningamma inherited the properties. Plaintiff therefore claimed that Ningamma along with her family members were in need of money and therefore, for legal necessity offered to sell the suit schedule property. Pla
The discretionary nature of specific performance and the equitable considerations involved in granting the relief.
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
The exercise of discretion in specific performance cases must align with principles of preventing undue hardship, as established under Section 20 of the Specific Relief Act.
Agreement to Sell – Where plaintiffs have proved readiness and willingness on their part to purchase suit schedule property they are entitled to decree for specific performance.
To obtain a decree for specific performance, the plaintiff must prove continuous readiness and willingness to perform his part of the contract at all stages from the date of the agreement till the da....
Registered sale agreements presumed genuine; admission of execution and substantial advance proves readiness for specific performance; time not essence in immovable property sales; defendants fail to....
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