ANIL KUMAR CHOUDHARY
Flora Horro, wife of Sri Imanuel Horro – Appellant
Versus
Shanti Nag, wife of late Fanuel Nag – Respondent
JUDGMENT :
By the Court:-Heard the learned counsel for the appellant.
2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree of reversal dated 12.10.2018 passed by the learned District Judge-I, Khunti in Civil Appeal (Title Appeal) No.94 of 2009 whereby and where under, the learned first appellate court set aside the judgment of the trial court being the Munsif, Civil Court Khunti passed in Title Suit No. 07 of 2008 dated 19.05.2009 whereby and where under, the learned Munsif, Khunti decreed the suit on contest and directed the defendant no.1 to execute the sale deed in respect of the suit property in favour of the plaintiff within 60 days from the date of such judgment and allowed the appeal on contest.
3. The brief fact of the case is that the plaintiff filed Title Suit No. 07 of 2008 with a prayer for specific performance of the agreement in favour of the plaintiff and against the defendant no.1 with respect of the suit land and direct the defendant no.1 to execute and register the deed of sale in favour of the plaintiff with respect to the lands in suit within a time to be fixed by the court failing which the deed of s
Brij Mohan & Ors. vs. Sugra Begum & Ors. reported in (1990) 4 SCC 147
The plaintiff must prove a valid agreement and readiness to perform for specific performance; failure to establish these elements results in dismissal of the claim.
A party alleging an oral agreement for sale must prove its existence and payment through substantive evidence; failure to do so can lead to dismissal of the suit.
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
The main legal point established in the judgment is the court's discretion to decree specific performance under Section 20 of the Specific Relief Act, 1963.
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
The court affirmed that a plaintiff seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, which was established in this case despite claims....
Readiness and willingness for specific performance inferred from substantial earnest payment, possession handover, pleadings and conduct; concurrent findings immune from interference in second appeal....
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
A party seeking specific performance must continuously prove readiness and willingness to perform the contract; failure results in dismissal of the claim.
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