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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAJESH RAI K, J, ANU SIVARAMAN
Lalchand Sharma, S/o N.R. Sharma – Appellant
Versus
R. Chandramurthy, S/o A. ramaiah – Respondent
| Table of Content |
|---|
| 1. notice of appeal and representations (Para 1 , 2 , 3) |
| 2. specific performance of an agreement (Para 4 , 5) |
| 3. framed issues in trial court (Para 6) |
| 4. details of the agreement and the lawsuit for specific performance. (Para 7) |
| 5. contentions regarding contract termination (Para 8 , 9) |
| 6. court's observations on the need for challenging termination. (Para 10 , 13 , 14 , 15) |
| 7. plaintiffs' counterarguments (Para 11 , 12) |
| 8. question for consideration on appeal (Para 16 , 17) |
| 9. requirement of pleading and proof in contracts (Para 18 , 19) |
| 10. decision and outcome of the appeal (Para 20 , 21 , 22 , 23 , 24 , 25) |
JUDGMENT :
ANU SIVARAMAN, J.
This appeal is filed by the defendant aggrieved by the judgment and decree dated 25.09.2012 of the Fast Track Court - IV, Bangalore Rural District, Bengaluru, (for short 'the Trial Court') in O.S.No.36/2011.
2. We have heard Shri. Shreevatsa, learned senior counsel as instructed by Smt. Parvathy Nair, learned Advocate appearing for the appellant/defendant and Shri. V. Lakshminarayana, learned senior counsel as instructed by Shri. P. B. Raju, learned Advocate appearing for the respondents/plaintiffs.
3. For the sake of convenience, the parties
A suit for specific performance is untenable if the contract has been terminated, unless there is a declaration that such termination is invalid.
Specific performance can be granted despite lack of explicit declaration to counter alleged termination if the parties have acted to extend the contract period.
Time is not the essence of a contract for sale of immovable property unless expressly stated; mere delay does not bar specific performance if circumstances justify it.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform the contract, and failure to do so can result in the dismissal of the suit.
(1) Agreement to Sell – Suit for Specific Performance cannot be decreed where conduct of buyer does not inspire confidence in granting her discretionary relief of specific performance.(2) An agreemen....
Specific performance requires the written agreement to be marked in evidence; mere admissions are insufficient to establish enforceable terms.
A party asserting a right to specific performance must prove readiness and willingness to perform their contractual obligations.
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The court held that specific performance is a discretionary relief and denied it due to the plaintiff's delay and lack of demonstrated readiness to perform the contract, resulting in inequity to the ....
The ruling emphasizes the necessity of fulfilling contractual obligations for specific performance and the implications of non-compliance by the seller.
The court's decision was influenced by the lack of good faith, absence of notice, and delay in filing the suit, which disentitled the plaintiff to specific performance.
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