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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, DEEPAK KUMAR TIWARI
Ramshankar Rao, S/o. Late V. Suryanarayan Rao – Appellant
Versus
Nandlal Occhwani, S/o. Hungraj Occhwani – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Invoking Civil Appellate Jurisdiction of this Court under Section 96 of the Civil Procedure Code (for brevity “CPC”) the appellants herein/defendants, who are brothers, have filed this appeal calling in question the legality, validity, and correctness of judgment and decree dated 12.04.2022 passed by the 3rd Additional District Judge, Bastar at Jagdalpur, Chhattisgarh (hereinafter called as ‘trial Court’) by which the plaintiff’s suit for specific performance of contract and permanent injunction has been decreed and the trial Court has directed the defendants to execute the sale deed in favour of the plaintiff within six months from the date of judgment.
(Parties hereinafter will be referred as per the ranking given and status shown in the suit before the trial Court)
Brief facts:-
2. The respondent/plaintiff Nanadlal Ochhwani filed a suit for specific performance of contract and permanent injunction stating inter alia that the suit land bearing Sheet No.93, Plot No.52/1 of the area 2116 sq.ft. is recorded in the name of the defendants and out of which the defendants have offered and proposed to sell 911.76 sq.ft. of land along with the structure stan
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
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....
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
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....
In a suit for specific performance, the plaintiff must prove readiness and willingness to perform the contract, which was not established in this case.
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....
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.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
A plaintiff must demonstrate continuous readiness and willingness to perform a contract to obtain specific performance, as required by law.
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