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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Chandra Kumar Rai
Ram Giri – Appellant
Versus
Raghuvir Singh – Respondent
| Table of Content |
|---|
| 1. factual background of the specific performance case (Para 2) |
| 2. appellant's arguments against specific performance decree (Para 3 , 5 , 6) |
| 3. conclusion and dismissal of the second appeal (Para 4 , 9 , 17) |
| 4. court's findings on agreements and performance readiness (Para 7 , 8 , 10 , 12 , 14 , 16) |
| 5. legal standards for specific performance under section 16(c) (Para 13 , 15) |
JUDGMENT
Hon'ble Chandra Kumar Rai, J.
1. Heard Mr. B. Malik, learned counsel, assisted by Mr. Amit Malik, learned counsel for the defendant-appellant and Mr. Rishikesh Tripathi, learned counsel for the plaintiff-respondent.
2. Brief facts of the case are that plaintiff-respondent no.1 filed a suit for specific performance of agreement dated 5.9.2003 against the defendant-appellant which was registered as Original Suit No.602 of 2005. In the plaint it was alleged that agreement dated 5.9.2003 was entered into between the plaintiff and defendant for sale of ½ share of khasara no.1411, area 2.326 hect. for consideration of Rs.2,60,000/- and Rs.2,48,000/- was paid as earnest money before the Registrar and remaining Rs.12,000/- was to be paid at the time of execution of sale deed. The time period for exe
The court ruled that a decree for specific performance should be granted if the plaintiff consistently demonstrates readiness and willingness, irrespective of the phrasing in pleadings, provided that....
The plaintiff must demonstrate consistent readiness and willingness to execute a contract to obtain specific performance, as clarified under Section 16(c) of the Specific Relief Act.
(1) Specific Performance is no longer a discretionary relief – Plaintiff cannot be punished by refusing relief of specific performance despite fact that execution of agreement to sell in his favour h....
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
Agreement to Sell – Continuous willingness on part of plaintiff is condition precedent to grant relief of specific performance.
In a suit for specific performance, the plaintiff must prove continuous readiness and willingness to perform the contract, supported by evidence of ownership and financial capability.
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
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