H. P. SANDESH
Lalithamma, D/o. Honnamma – Appellant
Versus
A. D. Govindaiah, S/o. Doddathimmaiah – Respondent
JUDGMENT :
H.P. Sandesh, J.
This matter is listed for admission and I have heard the learned counsel for the appellants and learned counsel for the respondent.
2. This second appeal is filed against the concurrent finding of the Trial Court granting the relief of specific performance and confirming the same by the First Appellate Court.
3. The factual matrix of the case of the plaintiff before the Trial Court is that the defendants are the owners in possession and enjoyment of the suit schedule property. The defendant No.1 executed registered sale agreement dated 29.06.2017 and agreed to sell the schedule property for total consideration of Rs.2,20,000/- and received part sale consideration of Rs.2,10,000/- and agreed to execute the registered sale deed after receiving the balance sale consideration of Rs.10,000/- from him. When the defendant No.1 did not come forward to execute the sale deed, the plaintiff filed the suit for the relief of specific performance.
4. After service of summons, the defendants appeared and filed the written statement contending that the schedule property is ancestral and joint family properties of defendants and originally the said property belongs to father
Ouseph Varghese Vs. Joseph Aley and Others
Ritu Saxena Vs. J.S. Grover and Another
Substantial compliance with a sale agreement, including significant payment, can justify specific performance even in the face of claims of joint ownership.
The court established that a written agreement of sale is conclusive evidence of the parties' intentions, and the plaintiff must continuously demonstrate readiness and willingness to perform their co....
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
The court affirmed that a party seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, substantiated by evidence.
Agreement to Sell – Continuous willingness on part of plaintiff is condition precedent to grant relief of specific performance.
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
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....
In a suit for specific performance, plaintiffs must prove continuous readiness and willingness to perform their part of the contract, supported by cogent evidence; mere assertions are insufficient.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.