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IN THE HIGH COURT OF CHHATTISGARH
Rajani Dubey, Narendra Kumar Vyas
Krishna Devi Agrawal W/o Suresh Kumar Agrawal – Appellant
Versus
Vishnu Soni son of Late Ramcharan Soni – Respondent
Judgment :
(Rajani Dubey, J.)
1. The plaintiff/appellant has preferred this first appeal being aggrieved by the judgment and decree dated 05.12.2018 passed by 1st Additional District Judge, Raigarh (C.G.), in Civil Suit No.12-A/2014, whereby the suit filed by the plaintiff/appellant herein for specific performance of contract was dismissed. The parties to this appeal shall be referred herein as per their description before the learned trial Court.
2. Brief facts of the case, as per the plaint averments, are that on 17.10.2010, defendant No.1 executed an agreement to sell of land bearing Kh. No.2/10/1(5/5/2) area 0.117 hectare, 12585 sq.ft., P.H. No.13 situated at village Baikunthpur, Tahsil and District Raigarh (C.G.) (for short ‘the suit land’) which was in his possession for sale consideration of Rs.438/- per sq. ft. and received Rs.10,00,000/- as earnest money from the plaintiff, and it was agreed between the parties that the sale deed would be executed after receiving balance consideration from the plaintiff till 15.01.2011. It was pleaded in the plaint that the plaintiff requested the defendant No.1 many times to receive balance sale consideration of Rs.45,12,230/- and execute th
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
The appellate court emphasized that specific performance requires proof of the plaintiff's readiness and willingness to perform the contract, which was not adequately addressed by the trial Court.
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
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.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
The court affirmed that a plaintiff must demonstrate continuous readiness and willingness to perform a contract to be entitled to specific performance of the agreement; otherwise, claims may be dismi....
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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