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Dhansukhlal Rambhai Patel – Appellant
Versus
Dhansukhlal Nagindas Kapadia – Respondent
JUDGMENT :
A.P. Thaker, J.
1. The original defendant have filed this Second Appeal under section 100 of the Code of Civil Procedure being aggrieved and dissatisfied by the judgment and decree dated 12.01.1990 passed by the learned Assistant Judge, Valsad at Navsari in Regular Civil Appeal No. 86 of 1985. The appellant is original defendant and respondent is plaintiff before the Trial Court. For the brevity and convenience, the parties are referred to in this judgment, as per the character assigned to them, before the Trial Court i.e. defendant and plaintiff.
2. The defendant has contended that the appellate Court has erred in holding that the plaintiff has proved execution of agreement to sell dated 23.08.1979 at exhibit 29. It is also contended that the Trial Court has rightly dismissed the suit of the plaintiff which ought not to have been interfered with by the First Appellate Court. It is also contended that the Appellate Court has erred in law in passing the decree of specific performance of the contract. It is also contended that the Appellate Court has erred in holding that in a suit for specific performance only those defense could be taken which are available under the provis
The court held that a plaintiff must prove readiness and willingness in specific performance claims, and doubts regarding the authenticity of an agreement can lead to dismissal.
The main legal point established in the judgment is the requirement for the plaintiff to prove the execution of the agreement of sale, payment of consideration, and continuous readiness and willingne....
The court affirmed that specific performance can be granted when the execution of the sale agreement is proven and the plaintiff demonstrates readiness and willingness to perform their contractual ob....
The judgment establishes that specific performance can be granted when the plaintiff proves the execution of the contract and demonstrates readiness and willingness to perform, despite the defendant'....
An agreement to enter into an agreement is unenforceable; specific performance requires a concluded contractual agreement.
A defendant who fails to file a cross-objection or cross-appeal against adverse findings in the trial court cannot challenge those findings in a second appeal to obtain a more favorable position than....
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