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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
JYOTI MULIMANI
B.C.Parimala, Wife of S.Prasanth – Appellant
Versus
Puttalingaiah, Son Of Late Kapani Gowda – Respondent
JUDGMENT :
JYOTI MULIMANI, J.
Sri.S.Subrahmanya., counsel for the appellant and Sri.Shivakumar.U., counsel for respondents 1(A to C), have appeared in person.
2. This is an appeal from the Court of XI Addl. City Civil & Sessions Judge, Bengaluru (CCH-8).
3. For convenience's sake, the parties are referred to as per their status and rankings before the Trial Court.
4. The plaint averments are these:
Smt.B.C.Parimala - the defendant is the owner of a property bearing Katha No.938, Assessment No.789, Property No.46, situated at Pattanagere Village, Kengeri Hobli, Rajarajeshwarinagar CMC, Bangalore South Taluk, having acquired the same under a registered Sale Deed dated 16.12.2004, and the katha is standing in her name. She offered to sell the property for her legal necessities. The plaintiff needed property for his use and benefit, agreed to purchase the same for a valuable consideration, free from encumbrances. After negotiation, the sale price was agreed and fixed at Rs.4,25,000/-. The defendant executed an agreement for sale on 11.11.2005 and agreed to sell the suit schedule property for the agreed sale consideration. On the date of execution of the agreement for sale, the defendant rece
The court affirmed that a contract can only be enforced if valid; the absence of signed endorsement invalidates claims for specific performance.
A party seeking specific performance must demonstrate readiness and willingness, supported by evidence; mere denial of the agreement does not suffice without substantiation.
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 valid sale agreement can be enforced if the plaintiff demonstrates readiness to perform contractual obligations despite claims of coercion being unsubstantiated.
The court affirmed that an endorsement extending the time for executing a sale agreement is valid, and that delays caused by a partition suit do not bar specific performance when the plaintiff demons....
A party seeking specific performance must demonstrate continuous readiness and willingness; intervening litigation can justify delays without barring the suit.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
The court reinforced that specific performance can be granted if the plaintiff proves readiness to perform, regardless of price escalation, citing a precedent that supports enforcing agreements despi....
Agreement to Sell – Time would remain essence of contract and buyer cannot take unusually long time to fulfil his part of commitment.
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