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THE HIGH COURT OF KARNATAKA
C M JOSHI
SMT. YELLAMMA W/O FAKKIRAPPA WALIKAR – Appellant
Versus
SRI. MAHADEVAPPA S/O MALLAPPAP TOPALAGATTI – Respondent
JUDGMENT :
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondent.
2. This appeal arises out of the judgment and decree dated 18.12.2014 in R.A.No.232/2010 passed by learned Principal District and Sessions Judge, Dharwad whereby the judgment and decree dated 30.06.2010 in O.S.No.252/2001 passed by the Senior Civil Judge, Kalaghatagi, for refund of earnest money paid under an agreement of sale was modified and the defendants were directed to execute the sale deed by paying ten times additional amount than the agreed sale consideration.
3. The learned counsel appearing for the appellants submits that the alleged first agreement between the parties was as per Ex.P.1 dated 02.06.1997, under which it was stated that a sum of Rs. 5,000/- was received as an earnest amount of the total sale consideration of Rs. 50,000/- from the plaintiff. Thereafter, the defendant No.1, who happens to be the mother of the defendant No.2, approached the Court in a G & WC No.17/1997 before the Principal Civil Judge and CJM, Dharwad and prayed for granting permission to alienate the property in favour of the plaintiff.
Specific performance can be enforced when valid agreements exist and parties demonstrate readiness to perform, despite claims of non-authorization; discretion under the Specific Relief Act favors equ....
The court emphasized that specific performance is discretionary and must consider the fairness of the transaction and the conduct of the parties involved.
The appellate court cannot reverse a trial court's decision without credible evidence proving an alternate claim, which was not presented by the defendants.
Specific performance requires plaintiffs to prove the agreement and readiness to fulfill the contract, assessed through both documentary and oral evidence.
The court upheld the agreement to sell's execution and the plaintiff's readiness to perform the contract. Specific performance granted with enhanced consideration due to market changes reflecting the....
The exercise of discretion in specific performance cases must align with principles of preventing undue hardship, as established under Section 20 of the Specific Relief Act.
Specific performance can be granted when the buyer has made substantial payments and the seller's refusal to execute the sale deed is unjustified, even if specific issues on readiness and willingness....
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.
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