Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Rosamma W/o Pulodh – Appellant
Versus
Raju Arakkal S/o Geroge Arakkal – Respondent
| Table of Content |
|---|
| 1. background of the specific performance suit and trial court's decree. (Para 1 , 2 , 3) |
| 2. framing of issues for appeal and representation of counsel. (Para 5) |
| 3. conflicting contentions of parties regarding breach of the sale agreement. (Para 6 , 7) |
| 4. court's analysis of defendants' failure to fulfill pre-requisite contractual obligations. (Para 8 , 9 , 10 , 11) |
| 5. court's finding on plaintiffs' readiness, willingness, and defendants' breach. (Para 13 , 14) |
| 6. application of the legal principle of reciprocal promises in sale agreements. (Para 15 , 16 , 17 , 19 , 20) |
| 7. court's response to appellants' arguments and distinguishing cited case laws. (Para 21 , 22 , 23) |
| 8. justification for exercising discretion to grant specific performance and final verdict. (Para 24 , 25 , 26) |
JUDGMENT :
1. The appellants are the defendants in O.S. 1243 of 2010 on the file of the I Additional Sub Court, Thrissur. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial court.)
3. The trial court framed four issues. The evidence in the case consists of the oral testimonies of PWs 1 and 2, DWs 1 and 2, Exhibits A1 to A22 series, B1 to B15, X1 a
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....
The court affirmed that time is an essential term in contracts for specific performance, and failure to perform on the stipulated date justifies termination of the contract.
A plaintiff must demonstrate continuous readiness and willingness to perform a contract to obtain specific performance, and a court's discretion to grant such relief considers fairness and equity, no....
The Plaintiff's readiness and willingness to perform the contract, as well as the Defendant's failure to prove that the sale agreement was fabricated, were crucial in the court's decision to confirm ....
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
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....
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
In a suit for specific performance, plaintiffs must prove continuous readiness and willingness to perform their part of the contract, supported by cogent evidence; mere assertions are insufficient.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
