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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
| Table of Content |
|---|
| 1. appeal filed to challenge a judgment. (Para 1 , 2) |
| 2. details of the specific performance agreement. (Para 3) |
| 3. arguments regarding plaintiff's capacity to perform. (Para 4 , 5) |
| 4. contestation of readiness and willingness. (Para 6 , 11) |
| 5. established law on readiness and willingness. (Para 7 , 8 , 9 , 10) |
| 6. court observations on plaintiff’s evidence. (Para 12 , 13 , 14 , 15) |
| 7. court's directions on refund and interest. (Para 16 , 17) |
| 8. conclusion of the appeal. (Para 18) |
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
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.
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