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V R K KRUPA SAGAR
Shaik Mariyam Khatoon (died) – Appellant
Versus
Yalamanchili Rajani – Respondent
JUDGMENT
This Appeal under Section 96 of the Code of Civil Procedure (C.P.C.) is filed against the judgment dated 11.11.2010 of learned Senior Civil Judge, Mangalagiri in O.S.No.71 of 2008. The said suit was for specific performance of an agreement for sale and in the alternative for compensation. The intending purchaser filed the said suit as against the vendors. After due trial, the suit was decreed in favour of the purchaser. Aggrieved defendants/vendors preferred this appeal. The plaintiff in the suit is the sole respondent in this appeal.
2. An unregistered, non-possessory agreement for sale dated 29.08.2003 fell in controversy. Smt. Shaik Mariyam Khatoon stated to have executed the said agreement for sale in favour of Smt. Yalamanchili Rajani. Ac.2.20 cents of agricultural land in Rayapudi Village of Thulluru Mandal, Guntur District in D.No.112/1 is the property that was agreed to be sold. The agreed sale consideration is Rs.8,91,000/-. Rs.2,00,000/- towards advance sale consideration was stated to have been paid and received on the date of agreement. The outer date for payment of the balance sale consideration of Rs.6,91,000/- was on or before 20.12.2003. After taking measur
Agreement to Sell – Vendor is not permitted to set up defect of title as a defence in a suit for specific performance.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
The main legal point established in the judgment is the court's affirmation of the specific performance of the agreement of sale dated 05-8-1995, and the rejection of the 4th defendant's claim as a b....
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.
Point of law: Absence of any material, that the plaintiff had exercised undue influence in obtaining the sale agreement from the defendant at the time of the alleged loan transaction.
The plaintiffs failed to prove the validity of the sale agreement and the payment of consideration, leading to the dismissal of their appeal for specific performance.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform their contractual obligations, and the agreement must be validly executed by all necessary pa....
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