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C. M. POONACHA
Tukaram Sadashiv Chambar – Appellant
Versus
Mallu Babu Chambar Since Deceased By Lrs – Respondent
JUDGMENT :
The present second appeal is filed by plaintiff under Section 100 of Code of Civil Procedure, 1908[Hereinafter referred to as ‘CPC’] challenging the judgment and decree dated 20.01.2010 passed in R.A No.70/2005 by the Fast Track Court-I, Chikodi[Hereinafter referred to as the ‘first appellate Court’] and the judgment and decree dated 10.06.2005 passed in O.S No.69/1999 by the Additional Civil Judge (Jr.Dn.), Nipani Hereinafter referred to as the ‘Trial Court’, whereunder, the suit for specific performance has been partly decreed by the Trial Court, wherein, refund of the advance amount and redelivery of possession have been ordered, which has been affirmed by the First Appellate Court.
2. The parties will be referred to as per their ranking before the Trial Court, for the sake of convenience.
3. The relevant facts leading to the present appeal are that the defendant being the owner of the suit property, had executed an agreement of sale dated 26.05.1982[Hereinafter referred to as ‘the said agreement’], agreeing to sell the agricultural land bearing R.S Nos.20/5 and 20/2, measuring 13 guntas and 1 acre - 06 guntas respectively situated at Adi village in Chikodi[Hereinafter r
A plaintiff seeking specific performance must demonstrate readiness and willingness to perform the contract; failure to do so negates the right to enforce the agreement.
Civil Law - Dismissal of suit for permanent injunction and restoration of possession in suit property - provision of order VII, Rule II(b) that a Court has to come to a finding that relief claimed ha....
A party must demonstrate readiness and willingness to perform contractual obligations to invoke protections under Section 53-A of the Transfer of Property Act.
Agreement to sell – Suit seeking relief of specific performance cannot be allowed where Plaintiff was not ready and willing to perform his part of contract.
Suit filed simpliciter for injunction where claim is founded purely to claim protection under Section 53-A of Transfer of Property Act is not maintainable. Such a suitor is not entitled to claim reli....
Part Performance – Protection provided under Section 53-A of Transfer of Property Act, 1882 is only a shield, and can only be resorted to as a right of defence.
Agreement to Sell – Protection provided under Section 53-A of Transfer of Property Act, 1882 is only a shield, and can only be resorted to as a right of defence – A person who is deemed to be in unla....
Specific performance requires continuous proof of readiness and willingness, which was found lacking in this case, leading to a dismissal of the claim.
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