S. S. SUNDAR, K. RAJASEKAR
Nafisa Ismail Dhariwala – Appellant
Versus
Taher Bhai Sheikh Abbas Bhai Deesawala – Respondent
JUDGMENT :
S.S.SUNDAR, J.
Prayer : Original Side Appeal filed under Clause 15 of Letters Patent read with Order 36 Rule 1 of High Court Original Side Rules against the judgment and decree passed in CS.No.222/2007 dated 18.11.2019.
Prayer : Original Side Appeal filed under Clause 15 of Letters Patent read with Order 36 Rule 1 of High Court Original Side Rules against the judgment and decree passed in CS.No.121/2009 dated 18.11.2019.
1. The appeal in OSA.No.166/2021 is against the judgment and decree dated 18.11.2019 in CS.No.222/2007 filed under the Original Side jurisdiction of this Court by the respondents for partition and separate possession among other reliefs as against the appellant.
2. The appeal in OSA.No.167/2021 is against the judgment and decree dated 18.11.2019 in CS.No.121/2009 filed by the appellants for specific performance of an Agreement of Sale by directing defendants 1 to 6 to execute the Sale Deed in respect of 1/3rd of undivided share of the suit property and for granting a decree for a sum of Rs.1,08,00,000/- as damages for the loss of opportunity due to the non performance of the Agreement by the defendants 1 to 6.
3. The case of the respondents in CS.No.222/2007 i
The court affirmed that a plaintiff seeking specific performance must prove a valid agreement and readiness to perform, which was not established in this case.
The court upheld specific performance of a contract where the plaintiff proved payment despite the defendant's encumbrance issues, establishing that time was not of the essence in performance.
Specific performance under Section 20 of the Specific Relief Act is discretionary even when an oral contract is established, allowing for compensation in lieu if deemed appropriate.
Point of law: specific performance of oral Agreement of sale – Not proved - In a case of specific performance of contract, a greater degree of certainty is required and it demands a clear, definite a....
(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....
Agreement to sell – Decree of specific performance can be granted on the basis of oral contract.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
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....
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
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