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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ASHOK KUMAR JAIN
Ghanshyam S/o Kanaram Bairwa – Appellant
Versus
Ramesh S/o Kesarlal – Respondent
ORDER :
ASHOK KUMAR JAIN, J.
In S.B. Civil Second Appeal No. 307/2024:-
1. The instant second appeal is preferred by appellant-defendant after dismissal of civil regular appeal No.8/2023 by learned District Judge, Sawai Madhopur on 30.05.2024 affirming the judgment and decree dated 31.05.2023 in Civil Suit No.7/2017 passed by learned Civil Judge, Khandar, District Sawai Madhopur.
2. Learned counsel appearing on behalf of appellant-defendant No.2 while relying upon grounds of appeal submitted that the respondent No.1-plaintiff has filed a suit for specific performance and declaration of sale deed in favour of present appellant as null and void and same was decreed by the trial Court without considering that present appellant is a bona fide purchaser and with all due diligence, he cannot track an unregistered agreement to sell allegedly executed by respondent No.2 in favour of respondent No.1. He referred the findings of the Courts below and submitted that no evidence is led about knowledge of present appellant but the defence of present appellant was discarded on the ground that a purchaser is required to remain vigilant. He also submitted that the trial Court has not framed proper issu
A plaintiff in a specific performance suit must demonstrate readiness and willingness to perform the contract, and a subsequent purchaser can raise defenses regarding the plaintiff's compliance.
In a suit for specific performance, the plaintiff must prove readiness and willingness to perform the contract, which was not established in this case.
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
In a suit for specific performance, the plaintiff's readiness and willingness to perform the contract must be established, but formal notice is not a prerequisite for demonstrating such readiness.
The main legal point established in the judgment is the requirement for the plaintiff to prove the execution of the agreement of sale, payment of consideration, and continuous readiness and willingne....
The central legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness for specific performance, as well as the availability of the def....
A plaintiff must demonstrate continuous readiness and willingness to perform a contract to obtain specific performance, as required by law.
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
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