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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
B.R. Rangaswamy Since Deceased By Lr’s., Smt. R. Vijayalakshmi – Appellant
Versus
V.A. Pinto, S/o. Late B. Pinto – Respondent
JUDGMENT :
K.S. HEMALEKHA, J.
1. The present regular first appeal is directed against the judgment and decree in OS No.25242/2009 dated 23.03.2023 on the file of XXVII Additional City Civil Judge at Mayohall Unit (CCH 29), Bangalore, (hereinafter referred to as “trial Court’ for short). By the judgment and decree, the trial Court decreed the suit seeking specific performance of the agreement dated 12.02.1999 and directed the defendants to execute an absolute sale deed in respect of ‘A’ schedule property in favour of the plaintiffs.
BRIEF FACTS
2. The suit property consists of a land measuring 31,049 square feet situated at Richmond Road/Kingston Road, Bengaluru, originally belonging to Late Syed Younus. The said Syed Younus entered into multiple agreements of sale. The agreement of sale dated 11.07.1975 was in favour of one E.P Varunny later assigned to the plaintiff. On 04.05.1978 and 15.11.1978 the agreement was executed in favour of the plaintiffs. Further on 23.08.1978, agreement of sale is said to have been executed in favour of defendant No.1/appellant-B.R.Rangaswamy. The appellant/defendant No.1 had filed OS No.8443/1980 for specific performance based on his agreement dated 23.0
Specific performance requires a valid, enforceable contract where parties have a clear consensus. Lack of judicial acknowledgment invalidates pretended agreements.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
The court upheld the decree for specific performance, affirming the doctrine of lis pendens and ensuring the plaintiff's readiness to perform the contract was duly recognized.
(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....
The Court exercised its discretion under Sec. 20 of the Specific Relief Act to set aside the judgment and directed the defendant to return the advance amount with interest.
Specific performance of a contract for the sale of immovable property can be granted even if the final layout has not been sanctioned, provided the plaintiff has proven the existence of the agreement....
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
In a contract for sale with reciprocal promises, a buyer's obligation to perform arises only after the seller fulfills their pre-requisite duties. The seller's failure to perform their part constitut....
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