IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Ramesh Jadwani (Died) Through Lrs – Appellant
Versus
Keshav Sahu S/o Shri Pusau Ram Sahu – Respondent
ORDER :
Amitendra Kishore Prasad, J.
1. The present First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) being aggrieved by the judgment and decree dated 27.03.2017 (Annexure A/1) passed by the Fourth Additional District Judge, Raipur, in Civil Suit No. 83-A/2015, whereby the learned trial Court has partly allowed and partly dismissed the suit, hence, the appellant has preferred the present appeal before this Court.
2. The plaintiff’s case, in brief, is that the defendant is the owner of the suit house, an LIG unit situated on Khasra No. 293/1 under R.D.A. Scheme No. 27 at Shailendra Nagar, Raipur. The defendant allegedly entered into an agreement to sell the said property to the plaintiff for a total sale consideration of Rs. 25,00,000/-. Out of the agreed amount, the plaintiff claims to have paid Rs. 10,00,000/- as part sale consideration. It was further agreed between the parties that the defendant would evict the tenant residing in the suit premises within six months and would obtain requisite permissions from the Raipur Development Authority (R.D.A.) for freehold conversion and sale of the property. The plaintiff asserts that he has always been ready
Continuous readiness and willingness to perform a contract is essential for obtaining specific performance; mere execution of an agreement and issuance of notices do not suffice.
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The court emphasized the necessity for continuous proof of a party's readiness and willingness to perform contract obligations and that unregistered agreements impacting possession must be duly stamp....
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 court affirmed that specific performance can be decreed if the plaintiff proves readiness and willingness, and the burden of proof shifts once a prima facie case is established.
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....
Continuous readiness and willingness on the part of the plaintiff is a condition precedent for obtaining relief of grant of specific performance, as mandated by Section 16(c) of the Specific Relief A....
A plaintiff seeking specific performance must continuously demonstrate readiness and willingness to perform their contractual obligations; failure to do so precludes the granting of such relief.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
The plaintiff must demonstrate continuous readiness and willingness, including financial capacity, to qualify for specific performance under Section 16(c) of the Specific Relief Act.
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