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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Mansoor Nazeer S/o Late Nazeer Ahmed – Appellant
Versus
H R Rehaman S/o Abdul Nafeez – Respondent
| Table of Content |
|---|
| 1. factual matrix of the case (Para 2) |
| 2. trial and appellate courts' ruling on contract readiness (Para 3 , 4 , 6) |
| 3. appellant's contention of error in court decisions (Para 5) |
| 4. conclusion dismissing the appeal (Para 7) |
JUDGMENT :
H.P.SANDESH, J.
This appeal is listed for admission. Heard the learned counsel for the appellant. This appeal is filed against the concurrent finding of the Trial Court as well as the First Appellate Court.
2. The factual matrix of the case of the plaintiff before the Trial Court that the defendant entered into an agreement of sale dated 04.10.2007 agreeing to execute the sale deed for sale consideration of Rs.6,50,000/- and as on the date of agreement, he has received an amount of Rs.1,01,000/- and agreed to pay the remaining amount within three months subject to furnishing of the documents for registration by the defendant and also he has to clear the bank loan and he will come forward to execute the sale deed for him or any nominee and inspite of providing the documents, he took additional amount of Rs.50,000/- on 25.10.2007 as well as an amount of Rs.1,00,000/- on 04.11.2007 and in all he has received an amount of Rs.2,51,000/- but the de
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.
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....
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
In order to grant the relief of specific performance, the plaintiff must be always ready and willing to perform his part of the contract.
Agreement to Sell – Continuous willingness on part of plaintiff is condition precedent to grant relief of specific performance.
The court affirmed that a party seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, substantiated by evidence.
The plaintiff must demonstrate readiness and willingness from the inception of the contract to be entitled to specific performance; mere existence of a registered agreement is insufficient.
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.
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
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