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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, SHOBA ANNAMMA EAPEN, JJ
Suchitra R.babu W/o.rajendra Babu – Appellant
Versus
Sreemathi Amma D/o.janaki Amma – Respondent
| Table of Content |
|---|
| 1. denial of execution (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. readiness and willingness (Para 10 , 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
Sathish Ninan, J.
The suit for specific performance of an agreement for sale and for an injunction, was dismissed by the trial court. The plaintiff is in appeal.
2. According to the plaintiff, on 20.09.2004 Ext.A1 Agreement was entered into between the plaintiff and the defendants whereunder, an extent of 5.87 acres of property was agreed to be conveyed by the defendants to the plaintiff. The sale consideration fixed was Rs.15,215/- per cent. An amount of Rs.4,50,000/- was the advance sale consideration, out of which Rs.4,00,000/- was paid towards the subsisting Bank liability of the 2nd defendant and Rs.50,000/- was paid in cash. The period fixed for performance was one year. Out of the total extent of property under Ext.A1, the 2nd defendant was the owner of 90 cents. Since he was in need of money, he conveyed 50 cents to the plaintiff, her husband and his brother on 13.09.2005 under five sale deeds namely, Exts.A5, A7, A9, A22 and A23. The consideration of Rs.7,60,750/- was paid by the plaintiff. The 2nd defendant also received a further a
The plaintiff failed to prove execution of the agreement and her readiness to perform, justifying the trial court's dismissal of the specific performance suit.
A plaintiff seeking specific performance must demonstrate readiness and willingness to perform the agreement, with evidence of privity and capability to fulfill obligations throughout the proceedings....
In suits for specific performance, plaintiffs must establish readiness, willingness, and privity of contract; lack of credible evidence leads to dismissal of claims for equitable relief.
The limitation period for filing a suit for specific performance starts from the date of refusal of performance, not from the execution date of the agreement.
The court affirmed that a Sale Deed executed with consideration is valid, and contradictory claims regarding its nature cannot coexist in a suit for specific performance.
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....
In a contract for sale with reciprocal promises, a buyer's obligation to perform arises only after the seller fulfills their pre-requisite duties. The seller's failure to perform their part constitut....
Specific performance can be granted when the buyer has made substantial payments and the seller's refusal to execute the sale deed is unjustified, even if specific issues on readiness and willingness....
A plaintiff must prove the validity of a sale agreement and show readiness and willingness to perform contractual obligations for specific performance.
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