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H. P. SANDESH
S. Bheemappa Since dead – Appellant
Versus
R. Annadanappa, S/o. T. N. Ramaiah – Respondent
| Table of Content |
|---|
| 1. agreement for sale and part payment necessary. (Para 3) |
| 2. defendant no. 5's contest and claims. (Para 4 , 9 , 10) |
| 3. trial court's findings on agreement and possession. (Para 8 , 12) |
| 4. discussion on evidence and credibility of parties' claims. (Para 15 , 25) |
| 5. substantial questions raised in appeal. (Para 18 , 19) |
| 6. final ruling regarding contract and performance issues. (Para 57) |
| 7. court's decision to dismiss the appeal. (Para 58 , 62) |
JUDGMENT :
Heard the learned counsel for the appellant and learned counsels for respondent No.1 and respondent Nos.2 and 4.
2. The parties are referred to in the original ranking before the Trial Court, in order to avoid confusion and for the convenience of the Court.
3. The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of specific performance is that defendant Nos.1 to 4 representing them as owners of the agricultural land measuring 1 acre 30 guntas and 28 guntas in Sy.No.11 of Uttarahalli, Manavarthe Kaval, Uttarahalli Hobli agreed to sell the suit schedule property for a valuable consideration. That after negotiation, the terms and conditions have been reduced into writing as per the sal
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 – 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....
The main legal point established in the judgment is the court's affirmation of the specific performance of the agreement of sale dated 05-8-1995, and the rejection of the 4th defendant's claim as a b....
The court upheld the decree for specific performance, affirming the doctrine of lis pendens and ensuring the plaintiff's readiness to perform the contract was duly recognized.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
(1) Second Appeal – Jurisdiction of High Court in second appeal under Section 100 of CPC is strictly confined to the case involving substantial question of law.(2) Written Statement – Mere failure or....
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