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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. SANDESH, J
B.S.Lakshman, S/O B.R. Saganashetty – Appellant
Versus
Puttashetty, S/O Muddashetty – Respondent
| Table of Content |
|---|
| 1. factual background of the specific performance case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by the appellant and respondent regarding the case. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 3. court's analysis of the legal issues and application of law. (Para 23 , 26 , 27 , 28 , 29 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 4. key legal conclusions regarding the enforceability of the agreement. (Para 24 , 25 , 30 , 41) |
| 5. final order allowing the second appeal and granting specific performance. (Para 42) |
JUDGMENT :
H.P. Sandesh, J.
This second appeal is filed against the concurrent finding passed in R.A.No.119/2016 dated 11.08.2022 partly allowing the appeal and confirming the judgment and decree passed in O.S.No.194/2012 dated 17.12.2016 with regard to the relief of specific performance is concerned.
2. The factual matrix of the case of the plaintiff before the Trial Court seeking the relief of specific performance of contract that defendant No.1 is the owner of the suit schedule property and he has offered to sell the suit schedule property for his family necessity and for discharging the loans. The defendant has entered
Specific performance of a sale agreement executed during a non-alienation clause period is valid if the agreement stipulates fulfillment after the clause's expiration, emphasizing the need for equita....
Agreements executed in violation of statutory prohibitions, particularly in land transactions, are void and unenforceable, reflecting principles of law against illegal agreements.
Point of Law : Court has considered essentialities to establish readiness and willingness of plaintiff approaching a court to obtain a decree for specific performance.
(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....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
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