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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK
Natubhai Dhirubhai Naik – Appellant
Versus
Alkeshbhai Kashiram Patel – Respondent
JUDGMENT :
Hemant M. Prachchhak, J.
CHALLENGE:-
1. Present appeal is filed by the appellants (original defendants) under Section 96 of the Civil Procedure Code 1908, challenging the judgment and decree dated 31.12.2007 passed by the learned 2nd Additional Senior Civil Judge and J.M.F.C, Navsari (hereinafter referred to as the "trial Court") in Special Civil Suit No.3 of 2005 whereby the trial Court has decreed the suit filed by the original plaintiff and directed the defendants to execute sale deed of suit land described in plaint para (2) bearing block no. 2409 admeasuring 4 Hectors 17 Are 74 sq. mtrs situated in the sim of village Abrama by accepting balance amount of Rs.3,59,517/- within one month from the date of judgment.
BRIEF FACTS:-
2. The respondents herein - plaintiffs (father and son) instituted the suit seeking specific performance of an agreement to sell dated 17.02.2004, and permanent injunction in respect of agricultural land bearing Block No. 2409, Nos.1 and 2, admeasuring 4 Hectares, 17 Ares and 84 sq.mtrs., situated at village Abrama. Taluka Jalalpur, District Navsari. The defendants are real brothers and recorded owners of the suit land.
2.1 It was the case of the plai
An unregistered agreement to sell does not confer rights for specific performance; plaintiffs failed to show readiness and willingness to perform contractual obligations.
A valid agreement for specific performance requires clear intent and consistent evidence of readiness and willingness from the plaintiff to execute the contract, which was not established in this cas....
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....
An unregistered document can be admitted as evidence in a suit for specific performance to show a contract between the parties, and the plaintiff's continuous readiness and willingness to perform the....
The plaintiff must independently prove both 'readiness' and 'willingness' to perform under Section 16(c) of the Specific Relief Act to succeed in a suit for specific performance.
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
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