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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.R.KRISHNA KUMAR, C.M.POONACHA
Anupkumar S/o Shankarappa Bijwad – Appellant
Versus
Shameena Shaheen W/o Hameed Koppad – Respondent
| Table of Content |
|---|
| 1. defendant's appeal against trial court judgment. (Para 1 , 2 , 3) |
| 2. factual background of the sale agreements. (Para 4 , 5 , 6) |
| 3. defendants' contentions and trial issues. (Para 7 , 8 , 10) |
| 4. trial court's findings on issues. (Para 11 , 12) |
| 5. court's reasoning on plaintiff's readiness. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. court's error in granting specific performance. (Para 20 , 22) |
| 7. final decision and orders issued by the court. (Para 23 , 24 , 25) |
JUDGMENT :
S.R. KRISHNA KUMAR, J.
1. This appeal is by the defendant No.2 directed against the impugned judgment and decree dated 02.01.2023 passed by the Principal Senior Civil Judge, Hubballi in OS No.203/2017 whereby the said suit by the respondent No.1-plaintiff against the appellant-defendant No.2 and respondent No.2-defendant No.1 for specific performance and other reliefs in relation to the suit schedule immovable property was decreed in favour of the respondent No.1-plaitniff against the respondent No.2-defenant No.1 and appellant-defendant No.2 by the trial Court.
2. In the present appeal, the appellant-defendant No.2 prays for the following reliefs:
“For the reasons stated above it is humbly prayed that after c
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.
Continuous readiness and willingness to perform a contract must be established for entitlement to specific performance.
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
The plaintiff's readiness and willingness to perform the contract within the prescribed time is crucial for the enforceability of a sale agreement.
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....
Specific performance of a contract is a discretionary remedy that requires the plaintiff to prove readiness and willingness to perform their obligations within the stipulated time.
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....
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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