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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G.PANDIT, RAMACHANDRA D.HUDDAR
Sayyed Ishaq, S/o. Sri Sayyed Abdul Azeez – Appellant
Versus
D. Ramesh Naik, S/o. Sri D. Ramanatha Naik – Respondent
JUDGMENT :
S.G. PANDIT, J.
Defendant’s appeal under Section 96 of the Code of Civil Procedure, 1908, questioning the correctness and legality of the judgment and decree dated 21.10.2010 in O.S.No.118/2007 on the file of the III Additional Senior Civil Judge, Mangalore, D.K., decreeing plaintiff’s suit for specific performance directing the defendant to execute the registered sale deed in respect of the suit schedule property by receiving balance sale consideration of Rs.19,94,995/-, within a period of two months from the date of the order, with an observation that, failing which, the plaintiff is at liberty to get the sale deed executed through process of the Court.
2. Parties to the appeal are referred to as they stood before the trial Court. The appellant was defendant and respondent was plaintiff before the trial Court.
3. The brief facts of the case are that:
It is the case of the plaintiff that the defendant is the absolute owner of the suit schedule property having acquired the same through registered sale deed dated 28.12.1987 and rectification deed dated 01.09.1989. On account of financial difficulty, the defendant came forward to sell the suit schedule property. The plaintiff
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
The plaintiff must demonstrate continuous readiness and willingness, including financial capacity, to qualify for specific performance under Section 16(c) of the Specific Relief Act.
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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....
In a suit for specific performance, plaintiffs must prove continuous readiness and willingness to perform their part of the contract, supported by cogent evidence; mere assertions are insufficient.
The Plaintiff's readiness and willingness to perform the contract, as well as the Defendant's failure to prove that the sale agreement was fabricated, were crucial in the court's decision to confirm ....
The main legal point established in the judgment is that the plaintiff's claim for specific performance was not barred by limitation, and the court exercised its discretion to decree the suit for spe....
The court affirmed that specific performance can be decreed if the plaintiff proves readiness and willingness, and the burden of proof shifts once a prima facie case is established.
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