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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. Ahluwalia, Karan Singh
Ummedsingh (Dead)Th.Lrs Smt.Sulochana – Appellant
Versus
Karan Singh & Ors. – Respondent
| Table of Content |
|---|
| 1. disputed property and agreement to sell details. (Para 3) |
| 2. defendants' written statements contesting plaintiffs claims. (Para 4) |
| 3. contentions of plaintiff and opposition responses. (Para 8 , 9 , 10 , 11) |
| 4. plaintiff's financial readiness and willingness challenged. (Para 12 , 13 , 14 , 15 , 17) |
| 5. execution of sale agreement disputed. (Para 18 , 19 , 21 , 22) |
| 6. lack of challenge to subsequent sale deed affects case. (Para 23 , 24) |
JUDGMENT :
G. S. AHLUWALIA, J.
This first appeal under Section 96 of CPC has been filed against the judgment and decree dated 13-10-2001, passed by Third Additional District Judge, Gwalior, in Regular Civil Suit No. 167A/1994, by which the suit filed by plaintiff/appellant for specific performance of contract has been dismissed.
2. Original plaintiff - Ummed Singh died during the pendency of suit, and accordingly, his legal representatives were brought on record. This appeal is being pursued by the legal representatives of original plaintiff -Ummed Singh.
3. The facts necessary for disposal of the present appeal, in short, are that a house bearing old Municipal No. 14/642 (new No. 10/573) situated in Kota Wala Mohalla, Gwalior is the disp
For specific performance, a plaintiff must demonstrate both readiness and willingness, alongside proven agreement execution, to succeed.
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 plaintiff must demonstrate continuous readiness and willingness, including financial capacity, to qualify for specific performance under Section 16(c) of the Specific Relief Act.
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....
Continuous readiness and willingness to perform a contract is essential for obtaining specific performance; mere execution of an agreement and issuance of notices do not suffice.
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
The agreements of sale and corresponding deed were valid, with the court confirming that allegations of fraud were not substantiated.
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.
The court affirmed that specific performance can be decreed if the plaintiff proves readiness and willingness, and the burden of proof shifts once a prima facie case is established.
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