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T. MALLIKARJUNA RAO
Dudala Sarojinamma [died] – Appellant
Versus
Vannepenta Ramanamma – Respondent
JUDGMENT
The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the appellants/defendants 1 to 3 challenging the decree and Judgment dated 14.12.2010 in O.S.No.67 of 2007 passed by the learned Principal District Judge, Nellore (for short, ‘the trial court’). The 1st respondent is the plaintiff, who filed the suit in O.S.No.67 of 2007 seeking specific performance of agreement of sale dated 29.12.2006, registered on 30.12.2006.
2. The parties will hereinafter be referred to as arrayed before the trial Court.
3. The brief averments of the plaint are as under:—
(a) The plaint schedule property was originally owned by Dudala Venkata Subbaiah, who was the 1st defendant’s husband and father of defendants 2 and 3. He died intestate. Defendants 1 to 3 inherited his estate and became absolute owners. They agreed to sell the schedule property to the plaintiff on 29.12.2006 for Rs.21,05,500/-. In pursuance of the same, an agreement was entered between the plaintiff and the defendants 1 to 3 by reducing the terms into writing on that day, where the plaintiff paid an advance of Rs.2,00,000/-. It was agreed that the remaining sale consideration of Rs.19,05,500/- would be pa
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(1) Specific performance – Ordinary rule is that specific performance should be granted – It ought to be denied only when equitable considerations point to its refusal and circumstances show that dam....
(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....
The plaintiff was always ready and willing to perform her part of the contract, and the defendants failed to prove that the plaintiff lacked the financial capacity to pay the balance sale considerati....
The plaintiffs must prove their readiness and willingness to perform their part of the contract in order to be entitled to the relief of specific performance.
The main legal point established in the judgment is that the Plaintiff consistently demonstrated readiness and willingness to fulfill his contractual obligations, while the Defendants evaded their re....
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 ....
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.
The plaintiff's failure to prove readiness and willingness to perform his part of the contract within the stipulated time precluded him from obtaining the relief of specific performance.
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