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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G.S.KAMAL
Drakshayini, W/o. Suresh – Appellant
Versus
Doddegowda, S/o. Late Huchegowda – Respondent
| Table of Content |
|---|
| 1. background of the case and agreements (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. judicial analysis and observations (Para 9 , 10 , 17 , 18 , 19 , 20) |
| 3. arguments presented by both parties (Para 11 , 12) |
| 4. conclusions drawn from established legal principles (Para 14 , 15 , 21) |
JUDGMENT :
M.G.S. KAMAL, J.
This appeal is by the unsuccessful plaintiff, who is before this Court being aggrieved by the judgment and decree dated 18.08.2017, passed in O.S.No.419/2009, on the file of Principal Civil Judge and J.M.F.C., Channarayapatna, ('trial Court' for short), which is confirmed by judgment and decree dated 27.11.2018, passed in R.A.No.35/2017, on the file of Senior Civil Judge and J.M.F.C., Channarayapatna.
2. The above suit in O.S.No.35/2017 is filed by the plaintiff seeking the relief of specific performance of contract of sale of the suit schedule property.
3. It is the case of the plaintiff that the defendant No.1 is the owner of the suit schedule property, who is well acquainted with the plaintiff. That the plaintiff has been residing in a house existing on the suit schedule property along with her family for more than fifteen years as a tenant under the defendant No.1. That in the
To establish a claim for specific performance, the plaintiff bears the burden of proving the authenticity of the contract, which was found lacking in this case.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
An agreement of sale signed by vendor alone and delivered to purchaser, and accepted by the purchaser, has always been considered to be a valid contract. In the event of breach by the vendor, it can ....
The main legal point established in the judgment is the court's affirmation of the specific performance of the agreement of sale dated 05-8-1995, and the rejection of the 4th defendant's claim as a b....
Specific performance of a contract is a discretionary remedy, requiring proof of readiness and willingness by the plaintiff, which was established in this case.
The plaintiffs failed to prove the validity of the sale agreement and the payment of consideration, leading to the dismissal of their appeal for specific performance.
The requirement of consensus ad idem and the equitable discretion to grant specific performance.
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