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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Jyoti Mulimani
Kumari Manjula – Appellant
Versus
R.Yellamma – Respondent
| Table of Content |
|---|
| 1. procedural introduction and status of the parties (Para 1 , 2 , 3) |
| 2. execution of sale agreement and part payment outlined (Para 4) |
| 3. appellant's contention of trial court errors (Para 5) |
| 4. respondent's defense against plaintiff's readiness (Para 6) |
| 5. discussion on readiness and willingness as legal concepts (Para 7 , 8) |
| 6. judgment on being ready and willing as sufficient for performance (Para 9 , 10) |
| 7. final decree and order (Para 11) |
JUDGMENT :
Jyoti Mulimani, J.
Sri.C.S.Prem Kumar, counsel on behalf of Sri.Vijaya Krishna Bhat, M., for the appellants and Sri.Jay Kishan Sharma and Sri.Gopal Singh, counsel for respondents 1 to 4, and Sri. Nataraj, counsel for respondents 5(B to D), have appeared in person.
2. This is an appeal from the Court of XI Addl. City Civil Judge, Bangalore City.
3. For convenience's sake, the parties are referred to as per their status and rankings before the Trial Court.
4. The plaint averments are these:
The defendants are the owners in possession and enjoyment of a residential house property bearing Site No.52, Municipal No.7, measuring East - West 25 feet North - South 30 feet, consisting of ground, first and second floor situated at 6th cro
Plaintiffs must prove readiness and willingness for specific performance; financial capacity may be demonstrated through means to secure funds, not necessarily possession of cash.
A plaintiff must prove both readiness and willingness to perform a contract for specific performance to be granted; failure to establish either element results in dismissal of the claim.
The plaintiff must continuously prove readiness and willingness to perform a contract to be entitled to specific performance, as per Section 16(c) of the Specific Relief Act.
Plaintiff's entitlement to specific performance established by demonstrating continuous readiness and willingness under the Specific Relief Act, irrespective of delays or signature mismatches.
Plaintiffs in specific performance cases must demonstrate both readiness and willingness to perform their contractual obligations, supported by concrete evidence.
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
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.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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