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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Santram Yadav, (Died), S/o. Babulal Yadav, Through Lrs.- Smt. Dulauri Yadav – Appellant
Versus
Durga Prasad Koiry, S/o. Kanhai Lal Koiry – Respondent
JUDGMENT :
RAVINDRA KUMAR AGRAWAL, J.
1. The present first appeal under Section 96 of the Code of Civil Procedure, 1908, has been filed by the defendants against the impugned judgment and decree dated 25.08.2015, passed by the learned 3rd Additional District Judge, Bilaspur, in Civil Suit No. 144- A/2010, whereby the decree for specific performance of the contract has been passed in favour of the plaintiff.
2. For the sake of convenience, the status of the parties as shown in the civil suit is being referred to in the present appeal.
3. The plaintiff Durga Prasad Koiry filed a civil suit for specific performance of the contract of the suit land bearing khasra No. 325/2, area 0.07 acre situated at village Domuhani, P.H. No. 14, Tahsil and District Bilaspur. It is pleaded in the plaint that, the original defendant Santram Yadav had agreed to sell his land with the plaintiff for total consideration of Rs. 80,000/- and an agreement was executed between them on 23.04.2008 and the entire sale consideration was paid to the vendor at that time with the condition that, the sale-deed of the suit land was to be executed, whenever the plaintiff desired and in favour of the person, whose name would
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....
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
To secure a decree for specific performance, plaintiffs must demonstrate continuous readiness and willingness, supported by credible evidence, amidst a contract that specifies actionable terms.
In a suit for specific performance, the plaintiff must prove readiness and willingness to perform the contract, which was not established in this case.
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 must prove continuous readiness and willingness to perform a contract for specific performance; mere possession or improvements do not suffice.
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 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.
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.
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