Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, TARA VITASTA GANJU
Gangahanumaiah, S/o. Late Sri Anjinappa – Appellant
Versus
N.S. Gangadhar, S/o. Sri. B. B. Shivarudrappa – Respondent
JUDGMENT :
TARA VITASTA GANJU, J.
1. The present appeal has been filed seeking to challenge the Judgment and Decree dated 16.12.2014 in O.S.No.544/2009 passed by the Senior Civil Judge at Nelamangala (“Impugned Judgment”). By the Impugned Judgment, the suit filed by the respondent/plaintiff for specific performance has been decreed by the learned Trial Court with costs.
2. The decree was stayed by the predecessor bench of this Court by an order dated 04.03.2015.
3. Briefly the facts are, that a suit for specific performance of an agreement to sell dated 01.06.2004 was filed by the respondent/plaintiff directing the appellants/defendants to execute a sale deed in favour of the respondent/plaintiff upon receipt of the balance sale consideration amount. In the alternative, the relief for recovery of a sum of Rs.7,59,688/- along with interest was sought for.
3.1. It was the case of the respondent/plaintiff that the property bearing Survey Nos.120, sub-divided as Survey Nos.120/1, 120/2, 120/3 and 120/5 measuring to an extent of 4 acres 27 guntas, situated at Shivanapura Village, Dasanapura Hobli, Bangalore North Taluk (hereinafter referred to as ‘the suit property’) belonged to one Anjanapp
Specific performance requires proof of continuous readiness and willingness by the plaintiff, and failure to demonstrate this justifies denial of relief.
Continuous proof of readiness and willingness is essential for specific performance; failure to prove financial capacity and timely action disallows enforcement.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
Plaintiffs must provide clear evidence of readiness and willingness backed by fund availability to claim specific performance of a contract, as mere statements are insufficient.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
Continuous readiness and willingness on the part of the plaintiff is a condition precedent for obtaining relief of grant of specific performance, as mandated by Section 16(c) of the Specific Relief A....
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
