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ANSHUMAN
Nawal Kishore Sharma – Appellant
Versus
Mostt. Raj Kumari Devi – Respondent
Dr. Anshuman, J.—The present second appeal has been filed against the Judgment and Decree dated 30.05.1988 and 17.06.1988 respectively, passed by Sri S.N. Pathak, 1st Additional District Judge, Vaishali at Hajipur, in Title Appeal No.28 of 1987 affirming the Judgment and Decree dated 02.05.1987 and 15.05.1987 respectively, passed by Sri S.N. Sukla, Sub-Judge, Vaishali at Hajipur, in Title Suit No.48 of 1983. The Defendant No.1 of Title Suit No.48 of 1983 was the appellant of Title Appeal No.28 of 1987 and he is also the appellant in Second Appeal No.583 of 1988. The plaintiff of Title Suit No.48 of 1983 is respondent First Party of Title Appeal No. 28 of 1987 and his heirs and legal representatives 1.1 to 1.7 are the respondent first set in this appeal. Defendant No.2 Shambhu Choudhary of Title Suit No.48 of 1983 is respondent Second Party of Title Appeal No.28 of 1987 and his heirs and legal representatives from 2.1 to 2.3 are the respondent second set in the present Second Appeal No.583 of 1988.
2. It is a second appeal against the Judgment of affirmance. The Title Suit No.48 of 1983 was filed for grant of relief of specific performance of a contract for sale (Mahadanama) dated 15
In a suit for specific performance, the plaintiff must prove readiness and willingness to perform the contract, which was not established in this case.
Specific performance requires plaint averment and proof of plaintiff's continuous readiness and willingness to perform contract; appellate court may enforce mandatory provision suo motu; discretionar....
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.
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....
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....
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