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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
S. Rayappan, Since Dead By Lrs.- Smt. R.A. Mary (W/o. Late S. Rayappan) – Appellant
Versus
Lakshmamma – Respondent
| Table of Content |
|---|
| 1. background of appeal cases (Para 1 , 2 , 3 , 4) |
| 2. arguments by appellants and respondents (Para 6 , 7) |
| 3. court's analysis of evidence and legal standards (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. final decision on the appeals (Para 24 , 25) |
JUDGMENT :
S. VISHWAJITH SHETTY, J.
1. The subject matter of these two appeals is common and the contesting parties in these two appeals are also common, and therefore, the appeals are heard together and disposed of by this common judgment, with the consent of the learned Counsels appearing for the parties.
2. Suit in O.S.No.1176/1996 was filed by S.Rayappan seeking the relief of specific performance of the agreement for sale dated 16.01.1982 said to have been executed in his favour in respect of the suit schedule property by defendant nos.1 & 2 in the suit, and to cancel the registered sale deed dated 02.04.1994 said to have been executed by defendant nos.1 & 2 in favour of defendant no.3 in the suit.
3. The Trial Court vide the judgment and decree dated 09.09.2003 has dismissed the suit in O.S.No.1176/1996, and aggrieved by the same, the plaintiff in the said suit viz., S.Rayappan, is be
The necessity for a party seeking specific performance to demonstrate readiness and willingness, coupled with the invalidity of claims based on a revoked power of attorney.
Contract and Specific Reliefs - Section 20 of Specific Relief Act vests a discretionary power in court to grant a decree of specific performance and court is not bound to grant such a relief merely b....
Presumption of refund arises when original sale documents are returned; burden lies on plaintiff to prove consideration not refunded and possession for specific performance under unregistered sale ag....
The court ruled that a specific performance claim requires the existence of valid foundational documents, particularly when minors are involved in property transactions, necessitating a retrial to pr....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
A sale agreement executed by only one co-owner is defective and cannot support a claim for specific performance, which necessitates establishing readiness and willingness separately.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform their contractual obligations, and the agreement must be validly executed by all necessary pa....
Agreement to Sell – Suit for Specific Performance – Once execution of agreement to sell and payment/receipt of advance substantial sale consideration is admitted by vendor, thereafter nothing further....
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