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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
R.NATARAJ, RAJESH RAI K.
Arvind S/o Chandrakanth Bellad – Appellant
Versus
Zehra Bim W/o Late B. Mohammed Ismail Sab – Respondent
JUDGMENT :
R. NATARAJ, J.
1. The unsuccessful plaintiff in O.S. No.50 of 2013 on the file of the Principal Civil Judge and CJM, Ballari has filed this appeal challenging the judgment and decree dated 15-09- 2021, by which the suit for specific performance was dismissed.
2.........
(i) The suit in OS No.50 of 2013 was filed for specific performance of the agreement of sale dated 15-09-2012, executed by defendant Nos.1 to 3 and 5, agreeing to convey the suit property for a total sale consideration of Rs.18,00,000/-. The said defendants had received a sum of Rs.17,00,000/-, and the balance was to be paid at the time of executing and registering the deed of absolute sale conveying the suit property, within which time, the defendants were required to clear of all the dues and keep the documents ready. The plaintiff claimed that after the lapse of three months, he requested the defendants to receive the balance sale consideration and to execute the deed of absolute sale. However, defendants were postponing the same on one or the other reason. The plaintiff claimed that he was ever ready and willing to perform his part of the contract, but defendants were delaying the conclusion of the transa
In specific performance suits, if all necessary parties do not sign the sale agreement, specific performance may be denied; however, refund of earnest money can be sought if properly pleaded, even th....
The plaintiff must demonstrate continuous readiness and willingness to perform a contract for specific performance; failure to do so justifies dismissal of the suit.
Section 22 of the Specific Relief Act allows for the refund of earnest money or deposit paid when the claim for specific performance is refused, with discretion for the court to allow the plaintiff t....
The necessity for continuous readiness and willingness to perform a contract is crucial in specific performance cases, impacting the validity of decrees granted on such grounds.
Relief of refund in specific performance cases must be specifically claimed in the plaint, or it cannot be granted by the court.
(1) Though, principle that time is not essence of contract in a suit for specific performance of immovable property deserves its consideration in appropriate cases, said principle cannot be applied a....
(1) Agreement to Sell – Suit for Specific Performance – ‘Readiness’ and ‘willingness’ are not one but two separate elements – Continuous readiness and willingness on part of Respondent No.1-buyer fro....
(1) Agreement to Sell – Suit for Specific Performance – Plaint may be amended at any stage of proceedings to enable plaintiff to seek alternative relief, including that of refund of earnest money and....
A suit for specific performance is not maintainable if the buyer accepted the refund of earnest money and failed to seek declaratory relief against the cancellation of the agreement.
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