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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
RAVI V.HOSMANI
Sugalamma, W/o. Ramanagouda Biradar – Appellant
Versus
Aishwarya, D/o. Shankaragouda Yalawar – Respondent
JUDGMENT :
RAVI V. HOSMANI, J.
Challenging judgment and decree dated 15.06.2020 passed by Senior Civil Judge and JMFC, Muddebihal, in O.S.no.37/2019, this appeal is filed.
2. Sri Brijesh Patil, learned counsel submitted that appeal was by unsuccessful plaintiff in suit for specific performance etc. Said suit was filed stating that during year 2010, land bearing Sy.no.40/2B measuring 04 Acres 03 guntas situated at Balawat village, Muddebihal Taluk, Vijayapura District (for short ‘suit property’), jointly belonged to minor defendant and her mother - Prabhavati wife of Shankaragouda Yalawar.
3. Brief facts as stated were, defendant’s mother needed money for legal necessities and to discharge loans incurred for treatment of her husband. For said purpose, she intended to sell suit property. As plaintiff offered highest price, acting on her own behalf and on behalf of defendant, she executed agreement of sale dated 25.02.2010, agreeing to sell suit property to plaintiff for total sale consideration of Rs.12,00,000/-, by receiving Rs.11,50,000/- as advance on same day and agreeing to receive balance amount of Rs.50,000/- at time of execution of sale deed. Said agreement was executed in presen
The execution of a sale agreement by a mother's guardian on behalf of a minor is not void but voidable, and the plaintiff's readiness and willingness to perform must be established throughout the con....
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
For the purpose of adjudging as to whether the plaintiff is ready and willing to perform his contract, the court must take into consideration the conduct of the plaintiff prior and subsequent to the ....
The court established that a manager of a Hindu joint family can validly enter into a sale agreement binding on minor members for legal necessity, and that continuous readiness and willingness to per....
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
Suit for specific performance - Performance against Minors - Natural guardian - Court cannot give go bye to provisions of S. 8(2) of Act of 1956 - As they are not complied, decree for specific perfor....
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 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....
Continuous proof of readiness and willingness is essential for specific performance; failure to prove financial capacity and timely action disallows enforcement.
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