Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Nanja Reddy Since Dead By His Lrs – Appellant
Versus
Lepakshareddy, S/O Sri Mallareddy – Respondent
JUDGMENT :
E.S.INDIRESH, J.
This appeal is preferred by the legal representatives of the defendant assailing the judgment and decree dated 20.08.2015 in RA.No.79/2010 on the file of the Principal District and Sessions Judge, Ramanagara dismissing the appeal and confirming the judgment and decree dated 16.09.2010 in O.S.No.136/2006 on the file of the Additional Senior Civil Judge, Ramanagara, decreeing the suit of the plaintiff.
2. For the sake of convenience, parties are referred as per their ranking before the Trial Court.
3. It is the case of the plaintiff that, the defendant is the absolute owner of the suit schedule property. It is also stated in the plaint that, the defendant has entered an agreement of sale dated 19.12.2005 with the plaintiff and offered to sell the suit schedule property for a valuable sale consideration of Rs.2,50,000/-. It is also stated that on the date of the agreement of sale, defendant has received Rs.2,00,000/- as advance and the balance sale consideration of Rs.50,000/- has to be paid within 3 months from the date of the execution of the agreement. It is also stated that, the plaintiff made a request for execution of the registered sale deed and also con
A plaintiff must demonstrate readiness and willingness to perform contractual obligations for a decree of specific performance under the Specific Relief Act, which both lower courts adequately confir....
The court established that a plaintiff must demonstrate readiness and willingness to perform a contract for specific performance under Section 16(c) of the Specific Relief Act, 1963.
The central legal point established in the judgment is that a party seeking specific performance must demonstrate readiness and willingness to perform the contract within the stipulated period, and a....
The court affirmed that a plaintiff's readiness and willingness to perform a contract must be evaluated based on conduct, and an assignment of rights does not negate the right to seek specific perfor....
Specific performance of contract is enforceable when a valid agreement exists, evidenced by payment and parties' acknowledgment, despite claims of it being merely a power of attorney.
For specific performance, a claimant must prove their readiness and willingness to execute the agreement; failure to appear on the scheduled date undermines the claim.
A plaintiff seeking specific performance must prove both a valid agreement and continuous willingness to perform; failure to provide credible evidence results in dismissal.
The plaintiff must demonstrate continuous readiness and willingness, including financial capacity, to qualify for specific performance under Section 16(c) of the Specific Relief Act.
The defendants bear the burden to prove hardship in a specific performance contract; failure to do so invalidates dismissing the plaintiff's suit regardless of the trial court's findings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
