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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, TARA VITASTA GANJU
Yellamma W/o Late Lakshminarayana – Appellant
Versus
R.Ajitchand Jain S/o Richob Chand Jain – Respondent
JUDGMENT :
(PER: HON'BLE MS. JUSTICE TARA VITASTA GANJU)
1. The present appeal has been filed by the 1st, 4th and 7th defendants/appellants seeking to challenge the Judgment and Decree dated 28.09.2013 in O.S.No.25638/2009 passed by the XXVII Additional City Civil Judge, Mayohall Unit, Bangalore (“Impugned Judgment”). By the Impugned Judgment, the suit filed by the respondent No.1/plaintiff has been partly decreed, the relief of specific performance sought by the respondent No.1/plaintiff was dismissed and defendant Nos.1 to 7 were directed to refund Rs.20 Lakhs with interest at the rate of 6% p.a. from the date of agreement till realization, to the respondent No.1/plaintiff. 2. Briefly the facts are, that a suit for specific performance of an agreement of sale dated 08.08.2004 was filed by the respondent No.1/plaintiff for directions to the appellants/defendants shall execute a sale deed in favour of the respondent No.1/plaintiff upon receipt of the balance sale consideration amount.
2.1. It was the case of the respondent No.1/plaintiff that defendant Nos.1 to 7 are respectively the wife and children of late Sri.Lakshminarayana. The said Sri.Lakshminaryana had executed an agreement o
Continuous proof of readiness and willingness is essential for specific performance; failure to prove financial capacity and timely action disallows enforcement.
Specific performance requires proof of continuous readiness and willingness by the plaintiff, and failure to demonstrate this justifies denial of relief.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
To obtain a decree for specific performance, the plaintiff must prove continuous readiness and willingness to perform his part of the contract at all stages from the date of the agreement till the da....
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
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....
The main legal point established in the judgment is that the plaintiff must establish readiness and willingness to perform a contract for specific performance.
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