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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Sunil Kumar Soni, S/o. Nathmal – Appellant
Versus
Ravindra Jaiswal, S/o. Nandlal Jaiswal – Respondent
| Table of Content |
|---|
| 1. parties involved in a contract for land sale. (Para 1 , 3) |
| 2. defendant's arguments against the validity of the sale agreement. (Para 4 , 20) |
| 3. plaintiffs' claims about readiness and willingness to perform contract. (Para 10 , 11 , 14 , 15) |
| 4. court's observations on the certainty and readiness in contracts. (Para 18 , 22 , 39) |
| 5. court's conclusion to set aside the previous judgment. (Para 47 , 49) |
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 defendant No.1 against the Digitally impugned judgment and decree dated 05.07.2014, passed by learned 3rd Additional Judge to the Court of First Additional District Judge, Bilaspur, in Civil Suit No. 33-A/2013, whereby the decree for specific performance of contract has been passed in favour of the plaintiffs.
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 plaintiffs, Ravindra Jaiswal and Triloki Prasad Bhargava, filed a civil suit for specific performance of the contract and for possession of the suit land bearing khasra No. 418/1, area 0.36 acres
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.
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....
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 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....
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
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....
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.
In a suit for specific performance, the plaintiff must prove readiness and willingness to perform the contract, which was not established in this case.
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
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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