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KRISHNA S. DIXIT, RAMACHANDRA D. HUDDAR
Lakkamma @ Lakshmamma, Wife Of Doddegowda @ Doddaiah – Appellant
Versus
Jayamma, Wife Of Puttaraju – Respondent
JUDGMENT :
(Ramachandra D. Huddar J.)
Appellants-defendants have called in question the Judgment rendered by the Sr.Civil Judge, Channarayapatna dated 20th October 2012 in OS No.4/2008 decreeing the suit of the plaintiff against the defendants for the relief of specific performance of the suit agreement dated 02.08.2007 one executed by the defendants by directing them to execute the registered sale deed in respect of the suit schedule property in accordance with agreement of sale dated 02.08.2007 within three months as the plaintiff has already deposited remaining balance consideration of amount of Rs.16,00,000/- before the Court and if the defendants fail to execute the above said registered sale deed then, the plaintiff is at liberty to get it executed by the Court by appointing a Commissioner in this behalf at the cost of the defendants.
2. The facts of the case in brief are stated; the defendants are the owners of the suit schedule property having agreed to sell the same in favour of the plaintiff for a sum of Rs.17,00,000/-. To that effect, they executed an agreement of sale on 02.08.2007 by receiving advance consideration amount of Rs.50,000/- in part performance of the contrac
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
The court affirmed that specific performance can be decreed if the plaintiff proves readiness and willingness, and the burden of proof shifts once a prima facie case is established.
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
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(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
Continuous readiness and willingness on the part of the plaintiff is a condition precedent for obtaining relief of grant of specific performance, as mandated by Section 16(c) of the Specific Relief A....
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