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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, J, P. KRISHNA KUMAR
Alukas Jewellery – Appellant
Versus
Anil S/o Alppuzha Sekharan – Respondent
| Table of Content |
|---|
| 1. challenge to decree for specific performance. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. admissibility of e-mails as electronic records. (Para 11 , 12) |
| 3. finding against specific performance, granting refund instead. (Para 29 , 30) |
JUDGMENT :
Sathish Ninan, J.
1. The decree for specific performance is under challenge in these appeals by defendants 1 and 8 respectively.
2. The first defendant is the plaintiff's uncle (father's brother). The second defendant is the power of attorney holder of the first defendant. The 8th defendant is the transferee pendente lite. The second defendant died and his legal heirs were impleaded as defendants 3 to 7. They were subsequently deleted from the party array.
3. The first defendant is settled in the United States of America. The plaintiff is into business in U.A.E. The plaintiff, and the first defendant through his power of attorney holder the second defendant, entered into Ext.A1 agreement for sale dated 21.02.2009. Thereunder, 1 acre 20 cents of property belonging to the first defendant was agreed to be conveyed to the plaintiff. The sale consideration fixed was Rs. 1,50,000/- per cent. An amount of Rs. 10 lakhs was paid towards advance sale
The plaintiff's failure to prove readiness and the disputed oral agreement for reducing the sale price led to denial of specific performance, permitting only the return of advance payment with intere....
The court held that the plaintiff established readiness and willingness to perform the contract, and the alleged cancellation via Whatsapp message lacked proper authentication, supporting the enforce....
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....
The appellate court must respect trial court findings unless clear errors exist, particularly regarding the existence and terms of contractual agreements and the parties' readiness to perform.
Oral agreement - in order to determine the binding nature of a contract between the parties, the mere acceptance of the sale price is not sufficient.
The burden of proof lies on the party disputing the validity of a written contract, and the conduct of the parties and the plaintiff's readiness and willingness are essential for specific performance....
It is settled law that if a person executes an agreement to sell property, vendor is not entitled to put forward, in a suit for specific performance by purchaser defence that vendor had no title.
The court reinforced that specific performance can be granted if the plaintiff proves readiness to perform, regardless of price escalation, citing a precedent that supports enforcing agreements despi....
Discretion in granting specific performance under Section 20 of the Specific Relief Act requires sound judicial reasoning, considering hardship and fairness to both parties, especially in the presenc....
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