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R. M. JOSHI
Alka Chandrashekhar Choudhary – Appellant
Versus
Ratansing Ramsing Rajput – Respondent
JUDGMENT
R. M. Joshi, J. - This appeal is filed under Section 100 of the Code of Civil Procedure taking exception to the judgment and decree passed in Reg. Civil Appeal No. 111/2015 dated 13/12/2021 confirming judgment and decree passed in Special Civil Suit No.58/2008 dated 17/08/2015 by Jt. Civil Judge, Senior Division, Dhule.
2. Appellant is the original defendant in the suit filed by plaintiff for specific performance of contract. It is case of the plaintiff that defendant is owner of plot No. 19 of survey No. 20/2 of Shri Maharana Pratap Co-operative Society Ltd. Dhule. The defendant agreed to sell suit plot by agreement to sale dated 07/04/2003 for total consideration of Rs.15,51,000/- out of the said consideration earnest money of Rs.1,51,000/- was paid on the date of execution of agreement to sale. The balance amount was to be paid after within three years. However, plaintiff paid additional sum of Rs.50,000/- in the year 2008. In the year 2008 plaintiff found that the defendant is avoiding to execute sale deed and hence suit came to be filed.
3. Defendant by filing written statement denied the intention to sell suit plot. Amongst other contentions, it is her case that her hus
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
The court held that a plaintiff must prove readiness and willingness in specific performance claims, and doubts regarding the authenticity of an agreement can lead to dismissal.
The ruling emphasizes the necessity of fulfilling contractual obligations for specific performance and the implications of non-compliance by the seller.
The court ruled that a Sale Agreement was not effectively revoked, and the plaintiff was always ready to perform, necessitating specific performance.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
The court established that the discretion under Section 20 of the Specific Relief Act must consider all relevant evidence, including the existence of alternative properties, when determining whether ....
A plaintiff must prove the validity of a sale agreement and show readiness and willingness to perform contractual obligations for specific performance.
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
The court affirmed the plaintiff's entitlement to specific performance of the agreement of sale, emphasizing the defendant's failure to fulfill contractual obligations.
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