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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAVI V. HOSMANI, J
J. Govindaraju, S/o late Jayaramappa – Appellant
Versus
G.R. Visweswara Babu, S/o G.Ramaiah Shetty – Respondent
JUDGMENT :
RAVI V. HOSMANI, J
Challenging impugned judgment and decree dated 31.05.2007 passed in Presiding Officer, Fast Track Court-III, Kolar, and judgment and decree dated 15.07.2004 passed by Prl. Civil Judge (Jr.Dn.), Kolar, in O.S.no.255/1999, this appeal is filed.
2. Appeal was by defendants in OS no.255/1999 filed for specific performance in respect of property bearing khata no.541, assessment no.209/13 of vacant site no.11, measuring East-West - 30ft. and North-South - 40ft. situated at Keelukote village, Kasaba hobli, Kolar (“Suit Property” for short).
3. In plaint, it was stated defendant no.1 was absolute owner of suit property. For family necessity on 27.09.1997, he agreed to sell it to plaintiff by executing agreement of sale for total sale consideration of Rs.50,000/- by receiving Rs.45,000/- from plaintiff as advance, handing over original title deeds and agreeing to receive Rs.5,000/- at time of execution of sale deed. When he approached defendant no.1 with balance amount, defendant no.1 postponed several times, without cogent reason. It was stated plaintiff was ever ready and willing to perform his part of contract and time was not essence of contract, defendant no.1
The court established that a plaintiff must continuously demonstrate readiness and willingness to perform a contract for specific performance, while the burden lies on a subsequent purchaser to prove....
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
In discretionary specific performance cases, courts must balance hardship and enforceability; mere proof of agreement does not guarantee relief when it risks severe hardship for the defendant.
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
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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