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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR
Siddagangamma Since, Deceased By Her Lrs. – Appellant
Versus
Rangaswamy Son Of Late Rangaiah – Respondent
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
The appeal is filed by the defendant challenging the judgment and decree dated 28.08.2018 passed by the Court of XXXIV Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.974/2008, thereby, the suit for specific performance is decreed in full directing the defendants to execute the sale deed in favour of the plaintiff.
2. Rank of the parties is referred to as per their rankings before the trial court.
3. It is the case of plaintiff in brief that the husband of defendant No.1 and father of defendant Nos.2 and 3 is the owner of the suit schedule property and he has offered the suit schedule property for sale by entering into an agreement of sale with the plaintiff on 26.09.2006 and total sale consideration was fixed at Rs.6,00,000/- out of which the plaintiff has paid an advance amount of Rs.2,50,000/-. But thereafter late Sanjeevappa, who is the husband of defendant No.1 and father of defendant Nos.2 and 3 did not execute the sale deed, therefore upon issuance of legal notice calling upon Sanjeevappa and after his death to the defendants, when the defendants have not come forward to execute the sale deed, the plaintiff has filed suit for s
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
In discretionary specific performance cases, courts must balance hardship and enforceability; mere proof of agreement does not guarantee relief when it risks severe hardship for the defendant.
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
The subsequent rise in price and the defendant's resistance were not valid grounds to deny the relief of specific performance. The trial court rightly exercised its discretion in granting the relief ....
Discretion in granting specific performance under Section 20 of the Specific Relief Act requires sound judicial reasoning, considering hardship and fairness to both parties, especially in the presenc....
The court's discretion to grant specific performance is not arbitrary; it must consider unforeseen hardship to the defendant at the time of contract execution, not merely subsequent changes in circum....
Agreement to Sell – Suit for Specific Performance – There is distinction between limitation and delay and laches.
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