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ARVIND KUMAR VERMA
Prabhat Chand Jain S/o Late Mannulal Jain – Appellant
Versus
Nandkishore Khandelwal S/o Late Gajanand Khandelwal – Respondent
JUDGMENT :
Arvind Kumar Verma, J.
1.The present First Appeal has been filed being aggrieved by the impugned judgment and decree dated 23/02/2017 passed by the VI Additional District Judge Durg, District Durg in Civil Suit No.5624A/2011, whereby the civil suit preferred by the respondent No.1/plaintiff has been allowed.
(For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court)
2.Facts of the case are that respondent no.1/plaintiff Nandkishore Khandelwal filed a suit for specific performance against Mankiyya @ Mudrika Yadav (Defendant No. 1) and cancellation of sale deed made by Mankiyya @ Mudrika Yadav in favour of defendant no.2- Prabhatchand Jain. To claim the aforesaid reliefs it was pleaded that on 18.06.05 the plaintiff entered into an agreement to sale with defendant no.1 for suit property situated at Khasra No.315 Area 10 decimil equivalent to 4300 sq.ft situated in P.H.No.65/19 (Pragati Nagar Risali) District Durg for a sale consideration of Rs.5,41,000/- out of which Rs.1,00,001/- was paid which was duly acknowledged by the plaintiff/respondent no.1 and the remaining amount was to be paid at the time of
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform the contract, and failure to do so can result in the dismissal of the suit.
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....
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance, which was not established in this case due to the failure to show evidence of intention a....
The plaintiff must establish continuous readiness and willingness to perform a contract to be entitled to specific performance under Section 16(c) of the Specific Relief Act.
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....
(1) Agreement to Sell – Suit for Specific Performance cannot be decreed where conduct of buyer does not inspire confidence in granting her discretionary relief of specific performance.(2) An agreemen....
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
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