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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ, T. G.SHIVASHANKARE GOWDA
C.H. Manilal, S/o. Pattabhiramayya – Appellant
Versus
K. Ramachandra Raju, S/o. Anjaneya Raju – Respondent
JUDGMENT :
T. G. SHIVASHANKARE GOWDA, J.
In this appeal, the plaintiff has challenged the judgment dated 11.06.2018 passed in O.S.No.95/2014 by the Senior Civil Judge at Koppal (hereinafter referred to as ‘the Trial Court’, for short), in refusing to grant the relief of specific performance and directing the defendant to refund an advance amount with interest at 18% p.a.
2. The appellant was the plaintiff and respondent was the defendant before the Trial Court. For the sake of convenience, the rank of the parties will be referred to as per their status before the Trial Court.
3. The brief facts of the case are, the land in R.S.No.14/1 measuring 01 acre, 14/3 measuring 05 acres and 14/4 measuring 05 acres, situated in Sultanpur village, Taluk and District Koppal, is belonging to the defendant. The defendant approached the plaintiff for alienation of the said properties for his legal necessity on 23.05.2014, agreeing to sell the said lands for a consideration of Rs.16,50,000/- and received part consideration of Rs.10,00,000/-. It was further agreed by the defendant that balance consideration of Rs.6,50,000/- will be received at the time of registration of the sale deed within three month
Time is of the essence in specific performance agreements; the plaintiff must prove readiness and willingness to execute the contract, which was not established in this case.
Continuous readiness and willingness to perform the contract is a condition precedent for obtaining the relief of specific performance under Section 16(c) of the Specific Relief Act.
Time is of the essence in contracts for sale of immovable property; failure to act within stipulated time undermines claims for specific performance.
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
Time is generally not considered essence in immovable property contracts; refusal to perform requires consideration of readiness alongside equitable claims for refund.
Time is of the essence of the contract and the plaintiff was not ready and willing to perform its part of the contract in terms of the agreement.
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.
Decree of suit for specific performance of Agreement - Refund in absence of prayer - Bar under Section 22(2) is against the respondent/plaintiff. But such a bar would not operate against Court and cu....
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(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
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