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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.Sandesh
H.S.Jayaramaiah, S/O Siddaiah – Appellant
Versus
H S Basavaraju, S/O Siddabasappa – Respondent
JUDGMENT :
H.P.Sandesh, J.
This appeal is filed challenging the judgment and decree dated 12.10.2020 passed in R.A.No.17/2018 on the file of the Senior Civil Judge and JMFC, Gubbi.
2. Heard the learned counsel appearing for the respective parties.
3. The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of specific performance is that the appellants herein have entered into an agreement of sale agreeing to sale the property for sale consideration of Rs.99,000/- and out of the said sale consideration, an amount of Rs.95,000/- was paid and balance amount payable is Rs.4,000/- at the time of registration and the defendants have to furnish the documents for the registration but they did not furnish any documents and not obtained any sketch. Hence, legal notice was issued on 18.02.2013 to execute the sale deed but the defendants gave untenable reply and hence, approached the Court for the relief of specific performance.
4. The defendants appeared though their counsel and defendant No.4 has filed his written statement and defendant Nos.1 to 3 have adopted the same. In the written statement the defendants have admitted the execution of the suit documen
The court established that a plaintiff's readiness and willingness to execute a sale can be validated even if the defendants fail to fulfill their obligations as per the agreement, making the suit fo....
In contract law, a party's willingness to perform is critical, and failure to fulfill obligations, such as securing necessary documentation, may prevent the enforcement of the contract.
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
The readiness and willingness of the parties to perform their part of the contract, as per the agreement of sale, is crucial in determining the entitlement to the discretionary relief of specific per....
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
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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....
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
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