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H. P. SANDESH
Bylamurthy – Appellant
Versus
M. G. Gangalakshmamma – Respondent
JUDGMENT
This matter is listed for admission and heard the learned counsel for the appellant and the learned counsel for the respondents.
2. This second appeal is filed against the concurrent finding in rejecting prayer of specific performance.
3. The factual matrix of case of plaintiff before the Trial Court that there was an agreement of sale and the same came to be executed by father of defendant on 05.02.2003 and sale consideration of Rs.8,65,000/- and sale consideration of Rs.4,00,000/- was paid. Subsequently an amount of Rs.1,00,000/- was also paid on 21.07.2004. It is also the case that only father has acquired the property vide sale deed dated 11.10.1990 and the same is absolute property of father of the defendant and the said Gangarangaiah died leaving behind defendant who succeed estate including the suit property in question and hence the defendants are bound to execute the sale deed after receiving balance sale consideration and inspite of that they did not come forward to execute the sale deed and hence issued notice on 17.06.2008 and untenable reply was given by the defendants. Hence, the plaintiff filed the suit for relief of specific performance.
4. In pursuance of
Agreement to Sell – Continuous willingness on part of plaintiff is condition precedent to grant relief of specific performance.
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
Substantial compliance with a sale agreement, including significant payment, can justify specific performance even in the face of claims of joint ownership.
Specific performance can be granted when the buyer has made substantial payments and the seller's refusal to execute the sale deed is unjustified, even if specific issues on readiness and willingness....
The burden of proof lies on the party disputing the validity of a written contract, and the conduct of the parties and the plaintiff's readiness and willingness are essential for specific performance....
The court affirmed that a party seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, substantiated by evidence.
(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....
A sale agreement signed by one party is valid if it evidences mutual consent, and readiness and willingness do not require specific phrasing in the plaint.
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