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SACHIN SHANKAR MAGADUM
Anjinamma – Appellant
Versus
Mohammed Sajjad Sait – Respondent
JUDGMENT :
(Sachin Shankar Magadum, J.)
These three captioned second appeals arise out of suit for specific performance in O.S.No.237/2006.
2. RSA.No.808/2023 is filed by defendants 1 to 6 feeling aggrieved by the judgment and decree passed in R.A.No.51/2018 wherein defendants 1 and 3 to 6 are directed to execute sale deed in favour of the plaintiff in respect of 1 acre 20 guntas of land bearing Survey No.214/5 situated at Kudumalakunte Village, Kasaba Hobli, Gowribidanur Taluk.
3. RSA.No.1358/2023 is filed by the plaintiff questioning the judgment and decree rendered in R.A.No.51/2018 wherein the appellate Court has dismissed the suit filed by the plaintiff insofar as land measuring one acre owned by first defendant- Anjinamma bearing Survey No.214/6.
4. RSA.1372/2023 is filed by the plaintiff assailing the judgment and decree rendered in R.A.No.105/2018 in granting a decree in favour of defendant No.7 in respect of one acre of land wherein the appellate Court has set aside the judgment of the trial Court directing defendant No.7 to pay compensation to the plaintiff and also the finding recorded by the trial Court on the sale deed obtained by defendant No.7.
5. For the sake of conveni
The court clarified that readiness and willingness to perform a contract under the Specific Relief Act is determined by the plaintiff's intent and actions, not solely by financial capacity.
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
The appellate court emphasized that specific performance requires proof of the plaintiff's readiness and willingness to perform the contract, which was not adequately addressed by the trial Court.
Plaintiffs must provide clear evidence of readiness and willingness backed by fund availability to claim specific performance of a contract, as mere statements are insufficient.
Specific performance requires proof of continuous readiness and willingness by the plaintiff, and failure to demonstrate this justifies denial of relief.
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
The plaintiff must demonstrate continuous readiness and willingness, including financial capacity, to qualify for specific performance under Section 16(c) of the Specific Relief Act.
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