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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAVI V.HOSMANI
N. Vishakantegowda, S/o. Late Nanjegowda – Appellant
Versus
Gayathramma, W/o. Late Chaluvegowda – Respondent
| Table of Content |
|---|
| 1. agreements of sale and obligations (Para 1 , 2 , 3) |
| 2. arguments against execution of agreements (Para 4 , 5) |
| 3. trial court's findings and issues framed (Para 6 , 8) |
| 4. first appellate court's conclusion and findings (Para 9 , 10) |
| 5. court's reasoning on readiness and willingness (Para 11 , 12 , 14 , 15 , 16 , 17) |
JUDGMENT :
RAVI V. HOSMANI, J.
Challenging judgment and decree dated 17.03.2023 passed by Additional Senior Civil Judge and JMFC, at Pandavapura, in R.A.no.35/2022 and judgment and decree dated 16.04.2022 by Additional Civil Judge and JMFC, Pandavapura, in O.S.no.255/2015, this second appeal is filed.
2. Sri Akshay S., learned counsel appearing for Sri Srinivasa D.C., advocate for appellant submitted that appeal was by defendant no.1 in suit for specific performance. It was submitted, O.S.no.255/2015 was filed by respondent no.1 herein (plaintiff) seeking for decree of specific performance on Agreements of Sale dated 20.07.2012, 20.10.2012 and 12.02.2013, whereunder defendant no.1 agreed to sell immovable property measuring 18 guntas of land bearing Old Sy.no.354/2B (New Sy.no.354/4) situated at Thonnur village, Kasaba Hobli, Pandavapura Taluk in favour of pla
Specific performance of contracts is upheld if executed agreements are supported by consistent and credible testimony, with the burden on the denying party to prove invalidity.
The court ruled that specific performance requires proof of intent to sell, and failure to prove such intent negates the right to enforce the agreement against the defendant.
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
The judgment establishes that specific performance can be granted when the plaintiff proves the execution of the contract and demonstrates readiness and willingness to perform, despite the defendant'....
The court affirmed that a party seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, substantiated by evidence.
The court affirmed that the burden of proving forgery lies with the party alleging it and upheld the validity of the sale agreement, reinforcing principles of specific performance in contract law.
The court affirmed that specific performance can be granted when the execution of the sale agreement is proven and the plaintiff demonstrates readiness and willingness to perform their contractual ob....
The court ruled that a sale agreement intended as security for a loan does not entitle the plaintiff to specific performance, emphasizing the necessity of proving readiness and willingness to perform....
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