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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
| Table of Content |
|---|
| 1. jurisdiction and procedural framework of appeal. (Para 1 , 2) |
| 2. factual background regarding sale agreement and specific performance. (Para 3 , 4 , 6) |
| 3. issues framed for consideration by the trial court and appellate tribunal. (Para 5 , 8) |
| 4. questions of law regarding limitation and readiness by the plaintiff. (Para 9 , 12) |
| 5. arguments presented by both parties regarding contractual obligations. (Para 10 , 11) |
| 6. court's reasoning on defendants' obligations and plaintiffs' readiness. (Para 13 , 14) |
| 7. final order of dismissal of the appeal. (Para 15) |
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
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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