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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
C. V. Ramakrishnappa, S/o. Late Sri Venkatarayappa – Appellant
Versus
D. Jayarame Gowda, S/o. Sri Doddakalappa – Respondent
| Table of Content |
|---|
| 1. execution of sale agreement and evidence (Para 3 , 4) |
| 2. assessment by trial and appellate courts (Para 5 , 8) |
| 3. contentions regarding errors in previous decisions (Para 6) |
| 4. defense not substantiated with evidence (Para 7) |
| 5. final order of dismissal (Para 9) |
JUDGMENT :
H.P. SANDESH, J.
This second appeal is filed against the concurrent finding of the Trial Court as well as the First Appellate Court.
2. This matter is listed for admission. Heard the learned counsel appearing for the respective parties.
3. The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of specific performance of sale agreement is that defendants have executed an unregistered agreement of sale dated 19.03.2009 and received an earnest money of Rs.4,50,000/- and balance payable is Rs.50,000/- at the time of registration and in the agreement, a stipulation is made that after getting the document of sketch, the sale deed will be executed. It is also the contention of the plaintiff in the suit that he was always ready and willing to perform his part of contract. When the defendants did not come forward to execute the sale deed, he had issued the legal notice an
The courts upheld the validity of the sale agreement and granted specific performance due to the plaintiff's readiness and willingness amid the defendant's unsubstantiated claims of a separate transa....
Specific performance requires plaintiffs to prove the agreement and readiness to fulfill the contract, assessed through both documentary and oral evidence.
The plaintiff must prove the passing of consideration and the genuineness of the sale agreement for the discretionary relief of specific performance.
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 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 burden of proof for fraud allegations lies with the defendants, and mere allegations without evidence do not invalidate an agreement for specific performance.
A sale agreement signed by one party is valid if it evidences mutual consent, and readiness and willingness do not require specific phrasing in the plaint.
The court affirmed that a plaintiff seeking specific performance must prove valid execution of the agreement and continuous readiness to perform contractual duties, which the plaintiff successfully d....
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