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SHARMILA U. DESHMUKH
Haridas Hanmant Kadam – Appellant
Versus
Shankar Shripati Kadam – Respondent
JUDGMENT :
(Sharmila U. Deshmukh, J.)
1. By way of the present Second Appeal, the original Plaintiff is before this Court challenging the common judgment dated 24th April, 2015 passed in Regular Civil Appeal Nos. 394 of 2000 filed by the original defendant No.1 to 3 and Regular Civil Appeal No.292 of 2002 filed by the original Defendant No.4. The 1st Appellate Court has allowed the Appeals resulting in dismissal of the Special Civil Suit No.46 of 1989 seeking specific performance of agreement for sale deed 23rd December, 1988.
2. As both the Second Appeals arise out of common judgment dated 24th April, 2015, with consent of the parties the Appeals were heard together and are being disposed of by this common judgment. For sake of convenience, the parties are referred to by their status before the Trial Court.
FACTUAL MATRIX:
PLAINT:
3. Special Civil Suit No.46 of 1989 was instituted seeking specific performance of the agreement for sale dated 23rd December, 1988 and for direction to Defendant Nos. 1 to 3 to hand over possession in event of finding that Plaintiff is not in possession of the suit property. The suit property was described in the plaint as 15 Anna 3 Ps. share admeasuring 1 H
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
Court emphasized that once agreements are executed and earnest money paid, specific performance can be enforced unless clear evidence of coercion or duress is presented.
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
An unregistered agreement to sell does not confer rights for specific performance; plaintiffs failed to show readiness and willingness to perform contractual obligations.
The main legal point established in the judgment is the court's affirmation of the specific performance of the agreement of sale dated 05-8-1995, and the rejection of the 4th defendant's claim as a b....
The main legal point established in the judgment is the court's discretion to decree specific performance under Section 20 of the Specific Relief Act, 1963.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
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