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S. G. PANDIT, C. M. POONACHA
Raju – Appellant
Versus
Basavaraju – Respondent
JUDGMENT :
S. G. Pandit, J.
This first appeal is filed under section 96 of the Code of Civil Procedure, 1908, assailing the judgment and decree dated 27.02.2016 in O.S.No.3/2013 on the file of the Senior Civil Judge and JMFC, Malavalli (for short, 'Trial Court') by which, the appellants/plaintiffs' suit for specific performance of agreement to sell dated 10.01.2011 is dismissed, holding that the plaintiffs are entitled to recover Rs.5,60,000/- with interest at the rate of 12% p.a.
2. Though the appeal is listed for admission, with the consent of learned counsel appearing for both the parties, appeal is taken up for final disposal.
3. The parties to the appeal would be referred to as they stand before the Trial Court. Appellants herein were plaintiffs and respondents herein were defendants before the Trial Court.
4. Brief facts are that, the first defendant is the absolute owner in possession of the suit schedule properties. Defendant No.2 is the wife of first defendant and defendant Nos.3 and 4 are children of defendant Nos.1 and 2. Defendants offered the suit schedule properties for sale and the plaintiffs agreed to purchase the suit schedule properties. Accordingly, plaintiffs and def
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
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.
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 plaintiff must demonstrate continuous readiness and willingness, including financial capacity, to qualify for specific performance under Section 16(c) of the Specific Relief Act.
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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.
A plaintiff in a specific performance suit must prove continuous readiness and willingness to perform their contractual obligations throughout, as mandated by Section 16(c) of the Specific Relief Act....
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