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H. P. SANDESH
CHIKKAMMA W/O LATE DUGGAPPA SINCE DEAD BY LRS. – Appellant
Versus
RANGARAJU S/O LATE RANGAPPA SINCE DEAD BY LRS. – Respondent
JUDGMENT :
H.P. SANDESH, J.
1. Heard the learned counsel for the appellants and learned counsel for the respondent Nos. 1(a) to (c).
2. The factual matrix of the case of the plaintiffs before this Court in both the appeals is that the plaintiffs in O.S. No. 72/2006 filed the suit for the relief of specific performance, wherein the appellants are the defendants. The appellants have also filed the suit in O.S. No. 104/2006 seeking the relief of re-conveyance of suit schedule property based on the document of Ex.D1. The case of the plaintiffs in O.S. No. 72/2006 is that sale agreement was executed on 24.11.1995 for sale consideration of Rs.50,000/-and out of that, Rs.40,000/-was paid and remaining balance of Rs.10,000/-was payable at the time of registration, when the defendants call upon to execute the sale deed in respect of Sy. No. 93/2 measuring 4 acres, 25 guntas. It is also the case of the plaintiffs in O.S. No. 72/2006 that registered sale agreement was executed and husband of the first defendant was one of the executant of the sale agreement and the second defendant are also signatories to the said document and husband of the first defendant executed the sale agreement on behalf
The court upheld that a suit for specific performance was timely filed under the Specific Relief Act, and an unregistered reconveyance document could not supersede a registered sale agreement.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
The main legal point established in the judgment is that the right to sue for specific performance can be lost due to the limitation period, leading to the grant of possession to the defendants.
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....
(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....
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