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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Laxmilal, S/o. Late Chunnilal, Deceased Through LRs- Manorama Devi – Appellant
Versus
Manoj S/o Gopal, Deceased Through LRs- Shikha – Respondent
| Table of Content |
|---|
| 1. factual background of the sales agreement execution (Para 4 , 5) |
| 2. defendant's arguments regarding contract termination (Para 7 , 8) |
| 3. plaintiff's counterarguments and evidence presented (Para 9 , 10) |
| 4. court's review of evidence and contract clauses (Para 12 , 13) |
| 5. findings of fact on payment and contract performance (Para 14 , 15 , 16) |
| 6. final order and rejection of stay petition (Para 17 , 18 , 19) |
Order :
KULDEEP MATHUR, J.
1. The present First Appeal has already been admitted for final hearing by this Court vide order dated 23.07.2025.
2. With the consent of learned counsel for the parties, arguments on Stay Petition No. 2273/2025 were heard on 06.11.2025.
3. The instant First Appeal has been preferred against the judgment and decree dated 17.05.2025 passed by the learned Additional District, Nathdwara, District Rajsamand, in Civil Original Case No. 43/2013, titled “LRs of Manoj & Anr. v. LRs of Laxmilal.”, whereby the suit for specific performance of a sale agreement dated 20.11.2010 was decreed in favour of the respondents–plaintiffs.
4. Brief facts as pleaded before the learned trial Court on behalf of the respondents-plaintiffs are that Plot No. 40 situated
A valid termination of a contract requires written notice as specified in the agreement, and readiness and willingness are essential for granting specific performance.
(1) Amendment brought to Specific Relief Act by Act 18 of 2018 is prospective in nature and cannot be applied to those transactions which took place prior to amendment.(2) There is distinction betwee....
In order to grant the relief of specific performance, the plaintiff must be always ready and willing to perform his part of the contract.
The readiness and willingness of the parties to perform their part of the contract, as per the agreement of sale, is crucial in determining the entitlement to the discretionary relief of specific per....
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
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(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
A party asserting a right to specific performance must prove readiness and willingness to perform their contractual obligations.
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
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