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H. P. SANDESH
Krishnegowda Y. N. – Appellant
Versus
Shivashankar And Other – Respondent
JUDGMENT
1. This second appeal is filed challenging the judgment and decree dated 07.03.2018 passed in R.A.No.15/2017 by the V Additional District and Sessions Court, Hassan.
2. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.
3. The factual matrix of the case of the plaintiffs before the Trial Court is that the defendant has expressed his wish to sell the suit schedule property and the plaintiffs have agreed to purchase the suit schedule property. Hence, on 28.10.2013, the defendant has executed an agreement of sale to an extent of 29 guntas for sale consideration of Rs.5,80,000/- by receiving an advance amount of Rs.10,000/- and also agreed to receive the balance sale consideration of Rs.5,70,000/- at the time of registration and sale deed which has to be executed within a period of three months from the date of the agreement. It is the case of the plaintiffs that when they personally met the defendant and requested to execute the registered sale deed, the defendant has given evasive reply. Therefore, without any other alternative, the plaintiffs issued a legal notice on 05.12.2013 calling upon
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
For a plaintiff to succeed in a suit for specific performance, they must prove the existence of a valid sale agreement and demonstrate continuous readiness and willingness to perform their contractua....
Specific performance of a contract is a discretionary remedy, requiring proof of readiness and willingness by the plaintiff, which was established in this case.
Specific Relief Act, 1963 – Section 20 – Indian Evidence Act, 1872 – Sections 91 and 92 – Agreement to sell – Decree for specific performance of contract – Agreement does not require to be signed nec....
Specific performance – Readiness and willingness – While granting relief of specific performance, basic ingredient is readiness and willingness in obtaining sale deed, apart from very execution of sa....
Specific performance requires plaintiffs to prove the agreement and readiness to fulfill the contract, assessed through both documentary and oral evidence.
The Court exercised its discretion under Sec. 20 of the Specific Relief Act to set aside the judgment and directed the defendant to return the advance amount with interest.
In a suit for specific performance, the plaintiff must prove the execution of the agreement and readiness to perform the contract, including financial capability.
The court upheld that corroborated expert evidence can establish the authenticity of a contested agreement, supporting the plaintiff's claim for specific performance.
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