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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Pradeep Kumar Srivastava
Eastern India Home Makers – Appellant
Versus
Surendra Kumar Singh, Son of Late Sarju Singh – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
Heard learned counsel for the appellants as well as learned counsel for the respondents.
2. The present first appeal is directed against the judgment dated 28.02.2020 (decree signed on 07.03.2020) passed in Original (Title) Suit No. 85 of 2009, whereby and whereunder, the learned Civil Judge (Senior Division)-1st, Jamshedpur partly allowed the suit of the plaintiff by allowing the suit for Specific Performance of Contract dated 29.11.2004 directing the defendants (appellants) to deliver 12 flats as mentioned in Schedule-B to the plaint to the plaintiff within four months, a decree for permanent injunction restraining the defendants from disposing off or in any way to alienate or transfer the schedule-B flats or any portion thereof to any person along with a decree declaring that the registered Sale Deed No. 2084 and 2085 both dated 29.04.2006 executed by defendant no. 2 as an attorney of the plaintiffs in favour of defendant no. 1 represented by Rajendra Prasad Pathak is illegal, void and inoperative and at the same time declining the relief sought by the plaintiffs for recovery of Rs. 17 lakhs from the defendants.
3. The factual matrix of the ca
The court emphasized the necessity of demonstrating the existence of a contract for specific performance and the importance of proper evidence, including original documents.
Contract and Specific Reliefs - Section 20 of Specific Relief Act vests a discretionary power in court to grant a decree of specific performance and court is not bound to grant such a relief merely b....
Agreement to Sell – Suit for Specific Performance – Once execution of agreement to sell and payment/receipt of advance substantial sale consideration is admitted by vendor, thereafter nothing further....
(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....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
A plaintiff must prove the validity of a sale agreement and show readiness and willingness to perform contractual obligations for specific performance.
The main legal point established in the judgment is that the plaintiff must prove the execution of the agreement for specific performance, and the validity of a sale-deed executed by a power of attor....
A valid agreement for specific performance requires clear intent and consistent evidence of readiness and willingness from the plaintiff to execute the contract, which was not established in this cas....
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