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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MALASRI NANDI
Anil Brahma @ Anil Kumar Wary S/O- Late Khera Ram Brahma – Appellant
Versus
Sabita Saha And Ors W/O Late Ratan Lal Saha – Respondent
JUDGMENT & ORDER :
MALASRI NANDI, J.
Heard Mr. G. Bharadwaj, learned counsel for the appellant. Also heard Mr. M.U. Mahmud, learned counsel for the respondents.
2. This appeal is directed against the judgment and decree passed by the learned Civil Judge, Bongaigaon in T.S No.01/2016 dated 01.12.2018.
3. The predecessor in interest of the respondents brought a suit being T.S No.01/2016 in the Court of Civil Judge, Bongaigaon, for specific performance of contract and in the alternative refund of advance amount. The appellant/defendant contested the suit denying various allegations made therein and further stated that no agreement for sale was executed. The learned trial court decreed the suit in favour of the plaintiff/respondent. Hence, this appeal preferred by the appellant/defendant.
4. The appellant/defendant is the owner and absolute possessor of a plot of land measuring 6 Bighas 7 Lechas covered by Dag No.590 of periodic patta no.280 (Old), 433 (new) and the land-in-question is situated at Village- Kharija Dolaigaon Part I under Bongaigaon Revenue Circle in the district of Bongaigaon, Assam. The appellant/defendant due to his financial crunch, desires to sell a portion of aforesaid
A plaintiff in a specific performance suit must prove continuous readiness and willingness to perform the contract, including financial capacity, which was not established in this case.
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.
Continuous readiness and willingness to perform the contract is a condition precedent for obtaining the relief of specific performance under Section 16(c) of the Specific Relief Act.
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance; mere possession or improvements do not suffice.
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.
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
Continuous proof of readiness and willingness is essential for specific performance; failure to prove financial capacity and timely action disallows enforcement.
Parties must continuously demonstrate readiness and willingness to perform a contract to successfully claim specific performance; defendants' denial of contract validity shifts the burden of proof on....
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