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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Ashwathanarayan S/o Late C.H. Chikkanna – Appellant
Versus
K.P. Mahesh S/o Late Puttappa – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim based on sale agreement (Para 2 , 3 , 4) |
| 2. main contention regarding plaintiff's readiness (Para 8 , 9 , 10 , 11) |
| 3. evaluation of financial capacity evidence (Para 12 , 13 , 14 , 15) |
| 4. court's determination of plaintiff's readiness (Para 16 , 17 , 18) |
| 5. dismissal of the appeal (Para 19) |
JUDGMENT :
H.P. SANDESH, J.
1. Heard learned counsel for the appellant and learned counsel for respondent No.1.
2. This second appeal is filed against concurrent finding of the Trial Court in O.S.No.10/2016 dated 06.10.2018 directing the defendant No.1 to execute the registered agreement of sale in terms of Ex.P7 and the same is confirmed in R.A.No.6/2020 vide judgment dated 10.08.2022.
3. The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of specific performance, it is averred in the plaint that defendant No.1 being the absolute owner and in possession of 2 acress, 20 guntas of land which is morefully described in the schedule, the same was acquired by him in the family partition and he has executed the sale agreement on 07.07.2014 for sale consideration of Rs.8,00,000/- and received advance amount of Rs.3,00,000/- and the
The court affirmed that a party seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, substantiated by evidence.
Substantial compliance with a sale agreement, including significant payment, can justify specific performance even in the face of claims of joint ownership.
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
In suits for specific performance, the burden lies on the defendant to prove claims that a sale agreement was a loan; the plaintiff must demonstrate continuous readiness and willingness to perform th....
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
The court established that a written agreement of sale is conclusive evidence of the parties' intentions, and the plaintiff must continuously demonstrate readiness and willingness to perform their co....
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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