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A.VENKATESHWARA REDDY
Mohammed Naimuddin – Appellant
Versus
Mohammed Sajid – Respondent
ORDER :
This Civil Revision Petition is filed by the petitioner/defendant assailing the orders dated 26.07.2019 in I.A.No.708 of 2018 in O.S.No.131 of 2016, on the file of the learned Judge, Family Court-cum-VII Additional District Judge, Sangareddy.
2. This application in I.A.No.708 of 2018 was filed by the defendant under Order XII Rule 6 read with Section 151 of Civil Procedure Code (for short, CPC) to dismiss the main suit and also to grant exemplary costs under Section 35-A of C.P.C. on the ground that though defendant is always ready and willing to perform his part of contract, plaintiff was not ready and not willing to perform his part of contract, having given an undertaking to pay the balance sale consideration, failed to deposit the same. Thus, the suit of the plaintiff is liable to be dismissed by awarding exemplary costs.
3. Heard both sides. For the sake of convenience, the parties hereinafter referred as plaintiff and defendant as arrayed in the original suit.
4. The plaintiff has filed the original suit for specific performance of suit agreement of sale dated 06.06.2016, wherein and where under, it is mentioned that the plaintiff has agreed to purchase the suit schedule
The central legal point established in the judgment is the importance of the plaintiff's willingness to perform the contract and the defendant's readiness to execute the sale deed in a suit for speci....
The plaintiff must unconditionally deposit the balance sale consideration, and seeking extension of time must align with the conditions in the sale agreement.
The requirement of continuous readiness and willingness for specific performance must be established from the time of agreement to the decree, and mere later deposit does not inherently prejudice the....
The court ruled that a plaintiff seeking specific performance is not required to deposit balance sale consideration at the suit's inception, emphasizing the necessity of assessing readiness and willi....
Agreement to Sell – Acceptance of earnest money amounts to admission on behalf of vendor of part performance of contract on part of vendee.
The main legal point established in the judgment is the importance of establishing sufficient grounds for rescission of an agreement to sell under Section 28 of the Specific Relief Act 1963 and the t....
A purchaser of immovable property must demonstrate financial capacity and a bona fide intent to perform, rather than physical possession of cash. Unless explicitly stipulated, time is not automatical....
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
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....
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