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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA
Radheshyam Ramlal S/o Ramlal Porwal (Since Deceased) – Appellant
Versus
Bheru Singh S/o Ratansingh (Deceased) – Respondent
JUDGMENT :
VIVEK RUSIA, J.
1. The plaintiffs-appellants (legal heirs of Plaintiff Late Radheshyam S/o Ramlal Porwal) filed this appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) against judgment and decree dated 05.02.2000 passed in Civil Suit No. 12-A of 1996 by the learned Additional District Judge, Khachrod, District Ujjain (M.P.) whereby the suit for specific performance of the contract has been dismissed.
The facts of the case in short are, as under:
2. Plaintiff Late Radheshyam S/o Ramlal Porwal filed a suit for specific performance of the contract against defendant No. 1-Bheru Singh S/o Ratan Singh Raghuwanshi and defendant No. 2 Omprakash S/o Banshilal Jaiswal. Defendant No. 1 is the owner of a house constructed on land (measuring 65 sq. ft. x 10 sq. ft.) bearing House No. 97, Mahatma Gandhi Road, Nagda, District Ujjain (M.P.) (hereinafter referred to as the suit house). The plaintiff (Late Radheshyam S/o Ramlal Porwal) and defendant No. 1 (Bheru Singh S/o Ratan Singh Raghuwanshi) entered into an agreement to sell dated 27.07.1988 (hereinafter referred to as ‘the agreement) in respect of the sale of the suit house for a total cons
The court affirmed that a plaintiff must demonstrate continuous readiness and willingness to perform a contract to be entitled to specific performance of the agreement; otherwise, claims may be dismi....
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.
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(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
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....
Time is an essence of the contract in specific performance cases, and plaintiffs must prove continuous readiness and willingness to perform their obligations.
The Plaintiff's readiness and willingness to perform the contract, as well as the Defendant's failure to prove that the sale agreement was fabricated, were crucial in the court's decision to confirm ....
The court reaffirmed that in contracts for sale of immovable property, time is not inherently of the essence unless explicitly stated, and readiness must be demonstrated through conduct rather than m....
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