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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
M.W.CHANDWANI
Uddhavrao S/o Marotraoji Mankar (Patil) – Appellant
Versus
Vijay Kumar S/o Manikchand Lulla (HUF) – Respondent
| Table of Content |
|---|
| 1. factual background of the case and contract details (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments against readiness and willingness of plaintiffs (Para 7 , 8) |
| 3. legal principles regarding readiness and willingness in contract law (Para 9 , 20 , 21) |
| 4. arguments supporting readiness of plaintiffs put forth by the respondents (Para 11 , 12 , 18) |
| 5. final order of dismissal with directions on payment (Para 32 , 33) |
JUDGMENT :
M.W. CHANDWANI, J.
1. This appeal challenges the judgment and order passed by the Principal District Judge, Amravati in Regular Civil Appeal No.139/2015 thereby overturning the decree of dismissal, dated 03.05.2008 passed by the Adhoc District Judge-1, Amravati in Special Civil Suit No.121/2002 and directing the present appellant Uddhavrao to execute the registered sale-deed in respect of the suit property in favour of respondent nos.1 and 2.
2. Respondent nos.1 and 2 filed a suit bearing Special Civil Suit No.121/2002 before the trial Court for specific performance of contract contending that they are members of the Hindu undivided family and claimed to have entered into an agreement of sale with the original defendant- Uddhavrao Marotiraoji Mankar. The pla
Continuous readiness and willingness to perform contractual obligations must be established by the plaintiff, including evidence of financial capacity to perform the contract.
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....
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
In a suit for specific performance, the plaintiff must prove continuous readiness and willingness to perform the contract, supported by evidence of ownership and financial capability.
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
A plaintiff in a specific performance suit must prove continuous readiness and willingness to perform their contractual obligations throughout, as mandated by Section 16(c) of the Specific Relief Act....
The Plaintiff must prove readiness and willingness to perform a contract for specific performance, including financial capacity, while the burden of proof shifts to the Defendant to disprove the agre....
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