Back
B. R. MADHUSUDHAN RAO
Mohd. Imamuddin – Appellant
Versus
Nukala Ravinder Reddy – Respondent
JUDGMENT
This Appeal is filed by the appellant-defendant under Section 96 r/w Order XLI Rule 1 of Civil Procedure Code, 1908 assailing the judgment and decree passed by the learned Senior Civil Judge at Jangaon, Warangal District in OS No.111 of 2012, dated 30.06.2017.
2. Appellant is the defendant and the respondent is the plaintiff in OS No.111 of 2012.
3.1. Respondent-plaintiff has filed suit for specific performance of contract in respect of agreement of sale dated 31.08.2012.
3.2. It is stated in the plaint that the appellant-defendant is the absolute owner and possessor of suit schedule property admeasuring Acs.03-21 guntas in Survey No.156, situated at Laxmapuram Village and he offered to sell the same to the respondent-plaintiff, after deliberations the sale consideration is fixed at Rs.2,21,000/- per acre, respondent-plaintiff agreed to purchase the same and he paid an amount of Rs.4,500/- to the appellant-defendant as advance, agreement came to be executed on 31.08.2012.
3.3. As per the agreement of sale dated 31.08.2012, Rs.1,00,000/- has to be paid on 09.09.2012, half of the sale consideration has to be paid within one month and the remaining sale consideration to be pa
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
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 that the plaintiff's readiness and willingness to perform his part of the contract, as well as the fulfillment of the terms of the agreement for sa....
The subsequent rise in price and the defendant's resistance were not valid grounds to deny the relief of specific performance. The trial court rightly exercised its discretion in granting the relief ....
The court upheld that the Plaintiff failed to demonstrate readiness and willingness to perform a contract for specific performance due to vague property description and explicit stipulations regardin....
The amendment to the Specific Relief Act in 2018 makes specific performance non-discretionary; proven readiness leads to enforceable agreements.
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
