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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Meghmallar Estates And Services Pvt. Ltd. – Appellant
Versus
Madhumita Das Mazumdar, W/o Sri Kishore Kumar Das – Respondent
| Table of Content |
|---|
| 1. factual background of the suit for specific performance. (Para 1 , 2 , 3 , 4 , 5 , 13 , 14 , 15 , 16) |
| 2. admissibility and evidentiary value of testimony by an attorney holder or spouse in civil suits. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. non-joinder/misjoinder of parties in specific performance contracts. (Para 27 , 28) |
| 4. readiness and willingness to perform obligations under a contract. (Para 30 , 31 , 42) |
| 5. appellate court power to remand matters for assessing compensation under section 21 of the specific relief act. (Para 46 , 47 , 48) |
JUDGMENT :
Sanjeev Kumar Sharma, J.
1. Heard Mr. N. Baruah, learned counsel for the appellant, and Mr. A. Deka, learned counsel for the respondent/cross objector.
2. This appeal is directed against the impugned Judgment and Decree dated 22.08.2017 passed by the Civil Judge No. 3 Kamrup (M), Guwahati in Title Suit No. 185/2010.
3. The respondent as the plaintiff had instituted a suit for specific performance of contract, permanent injunction, and compensation. The present appellants were the defendant Nos. 1 and 2 therein.
Plaintiff/Respondents case:
1. Case of the plaintiff in substance is that she and her husband are doctors by prof
In specific performance suits, plaintiffs must demonstrate continuous readiness and willingness to execute agreements, with testimony reflecting personal knowledge, particularly from intimate parties....
Agreement to Sell – If plaintiff, in a suit for specific performance is required to prove that he was always ready and willing to perform his part of contract, it is necessary for him to step into wi....
Specific performance of a contract for the sale of immovable property can be granted even if the final layout has not been sanctioned, provided the plaintiff has proven the existence of the agreement....
The plaintiff must prove readiness and willingness to perform the contract, and a power of attorney holder cannot depose for acts done by the principal prior to the conferment of the power of attorne....
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