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H. P. SANDESH
H. M. Mahadevappa, S/o. Madappa – Appellant
Versus
P. Lokesha, S/o. Chinnaswamy Reddy – Respondent
JUDGMENT :
H.P. Sandesh, J.
1. Heard the learned counsel for the appellants and also the learned counsel for the respondents. This second appeal is filed against the concurrent finding in granting the relief of specific performance in O.S.No.381/2013 and in R.A.No.44/2015.
2. The parties are referred to as per their original rankings before the Trial Court, in order to avoid confusion and for the convenience of the Court.
3. The factual matrix of case of the plaintiff before the Trial Court that defendant entered into agreement dated 28.05.2012 with the plaintiff to sell the suit schedule property for a sale consideration of Rs.2,89,000/-and paid earnest money of Rs.2,00,000/- and balance amount payable at the time of registering the document. It also his case that he is always ready and willing to perform his part of contract. The defendant has appeared and filed written statement contending that the plaintiff is a professional money lender and he advanced the money to the several persons. They have only borrowed Rs.2,00,000/- and executed agreement of sale as security for the said amount of Rs.2,00,000/- and the land value of the said property is more than Rs.20,00,000/- and contende
The court emphasized that specific performance is discretionary and must consider the fairness of the transaction and the conduct of the parties involved.
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
In discretionary specific performance cases, courts must balance hardship and enforceability; mere proof of agreement does not guarantee relief when it risks severe hardship for the defendant.
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.
(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....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
Discretion in granting specific performance under Section 20 of the Specific Relief Act requires sound judicial reasoning, considering hardship and fairness to both parties, especially in the presenc....
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