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C. B. Chandrashekar – Appellant
Versus
Javaramma – Respondent
JUDGMENT :
Jyoti Mulimani, J.
1. Sri. Chandrakanth R. Patel, learned counsel for the appellant has appeared in person.
2. This appeal is from the Court of Principal District Judge, Hassan.
3. For the sake of convenience, the parties shall be referred to as per status and their rankings before the Trial Court.
4. The facts of the case are quite simple and are stated as under:
A plaintiff must prove both readiness and willingness to perform a contract for specific performance to be granted; failure to establish either element results in dismissal of the claim.
Plaintiffs must prove readiness and willingness for specific performance; financial capacity may be demonstrated through means to secure funds, not necessarily possession of cash.
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.
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
Specific performance requires proof of continuous readiness and willingness by the plaintiff, and failure to demonstrate this justifies denial of relief.
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.
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
Readiness and willingness must be adequately pleaded and proven for specific performance claims.
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