SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1998 Supreme(P&H) 1308

T.H.B.CHALAPATHI
Shardwant Rai – Appellant
Versus
Om Parkash – Respondent


Judgment

T.H.B.Chalapathi, J.

1. Plaintiffs-respondents filed the suit for specific performance of agreement of sale dated 1.5.1987. According to the plaintiffs, the defendants agreed to sell the suit property at the rate of Rs.9,000/- per acre and received Rs.8,150/- as earnest money and executed the agreement of sale dated 1.5.1987. In the alternative, the plaintiffs prayed for recovery of Rs. 16,300/-.

2. The defendants inter alia, contended that the plaintiffs were not willing to get the sale deed executed since they have no money and they also sent a letter to the defendants on 23.6.1987 pleading their inability to get the sale deed executed on 30.6.1987, as they could not arrange the money to pay the balance sale consideration. Therefore, the plaintiffs committed a default and they are not entitled to enforce the agreement of sale and they are also not entitled for recovery of the earnest money.

3. On the basis of the averments, the trial Court framed appropriate issues and on a consideration of the evidence on record, found that the plaintiffs were ready and willing to perform their part of the contract and there is no default on their part and accordingly decreed the suit fo




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top