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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Ayaz Pasha, Son Of Saheb Jan – Appellant
Versus
S.N. Shankar, Son Of S.T. Nagaraja Rao – Respondent
| Table of Content |
|---|
| 1. second appeal dismissed; court confirms decisions. (Para 1) |
| 2. agreement of sale and earnest payment. (Para 2) |
| 3. defendant contests the existence of agreement. (Para 3) |
| 4. trial court allowed evidence from both parties. (Para 4) |
| 5. trial court upheld agreement and plaintiff’s readiness. (Para 5) |
| 6. first appellate court affirmed trial court's decision. (Para 6) |
| 7. counsel argues errors in considering defendant's claims. (Para 7) |
| 8. defendant's defense not substantiated, appeal dismissed. (Para 8 , 9) |
JUDGMENT :
H.P. SANDESH, J.
This matter is listed for admission and I have heard the learned counsel for the appellant.
2. The factual matrix of the case of the plaintiff before the Trial Court is that the defendant is the owner of the property and he entered into an agreement of sale on 28.11.2014 for Rs.1,00,000/- and received earnest amount of Rs.75,000/- and the balance consideration was agreed to be paid at the time of execution of the sale deed. The plaintiff demanded and requested the defendant to execute the sale deed by receiving the balance amount. But the defendant went on postponing the same. The plaintiff was always ready and willing to perform his part of contrac
The validity of a sale agreement is upheld where the plaintiff proves readiness to perform, and defenses lacking evidence do not suffice to challenge concurrent findings.
The court confirmed that an executed sale agreement constitutes a binding contractual obligation, dismissing claims that it functioned solely as a loan security.
In contract law, a party's willingness to perform is critical, and failure to fulfill obligations, such as securing necessary documentation, may prevent the enforcement of the contract.
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
The execution of an agreement must be proven with clear evidence, including signatures and witness credibility, to enforce specific performance.
The courts upheld the validity of the sale agreement and granted specific performance due to the plaintiff's readiness and willingness amid the defendant's unsubstantiated claims of a separate transa....
Sale agreement treated as loan security based on WhatsApp evidence and party conduct; appeal allowed with refund.
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