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VENUTHURUMALLI GOPALA KRISHNA RAO
Medasani Ananda Naidu – Appellant
Versus
Manchu Mohan Babu Bhakthavathsalam Naidu – Respondent
Key Points: - The High Court's jurisdiction in second appeals is confined to substantial questions of law and cannot re-appreciate evidence; it may interfere only if there is a substantial question of law or exceptional grounds. (!) (!) - Mere failure to file a written statement does not automatically entitle the plaintiff to a decree; the court must ensure the plaintiff can prove its case with evidence and is entitled to relief. (!) (!) (!) - A plaintiff seeking specific performance may be protected under Section 53A and the court may direct performance even when there is a subsequent conveyance, depending on bona fide purchaser status and notice, with considerations under Section 19 and related principles. (!) (!) (!) (!)
JUDGMENT
This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short) is filed aggrieved against the Judgment and decree, dated 27.08.2018 in A.S.No.7 of 2012, on the file of learned X Additional District Judge, Tirupati, Chittoor District, setting aside the Judgment and decree, dated 16.11.2011 in O.S.No. 357 of 2004, on the file of learned Principal Senior Civil Judge, Tirupati.
2. The appellant herein is the plaintiff, the 1st respondent herein is the 4th defendant and the respondents 2 to 4 herein are the defendants 1 to 3 in O.S.No.357 of 2004, on the file of learned Principal Senior Civil Judge, Tirupati.
3. The plaintiff initiated action in O.S.No.357 of 2004, on the file of learned Principal Senior Civil Judge, Tirupati, with a prayer for specific performance of an agreement of sale directing the defendants to execute a regular registered sale deed pursuant to agreement of sale dated 9.8.2004 by receiving balance sale consideration in favour of the plaintiff and for permanent injunction restraining the defendants, their men and agents, followers etc., from in any way interfering with the plaintiff’s peaceful possession and enjoyment of the plaint
(1) Second Appeal – Jurisdiction of High Court in second appeal under Section 100 of CPC is strictly confined to the case involving substantial question of law.(2) Written Statement – Mere failure or....
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....
Point of law: When cancellation may be ordered - (1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding ma....
Subsequent purchaser protected from specific performance if bona fide for value without notice; constructive notice requires full registration proof including indexes; discretion under S.20 denies re....
A plaintiff who omits to seek specific performance in a suit filed on the same cause of action earlier and later withdraws that suit without court leave is precluded from claiming specific performanc....
The court affirmed that a plaintiff seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, which was established in this case despite claims....
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
The plaintiff must establish continuous readiness and willingness to perform a contract to be entitled to specific performance under Section 16(c) of the Specific Relief Act.
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