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SAMBASIVARAO NAIDU
N. Sanjeeva Reddy – Appellant
Versus
A. Rajanarsu – Respondent
JUDGMENT
1. This appeal suit has been filed by the appellants under Sec. 96 of C.P.C. against the Judgment and Decree in O.S.No.1 of 1998 on the file of II Addl. District Judge, Warangal, herein after will be referred as 'Trial Court', where under the trial Court passed a Judgment and Decree in favour of the 1st respondent/plaintiff for specific performance of the sale agreement. The appellants are defendants No.2 and 3 in the above referred original suit and being aggrieved by the Judgment of the trial Court, they preferred this appeal suit on the following grounds.
2. The Judgment and Decree of the trial Court is contrary to law, weight of evidence and probabilities of the case. The trial Court failed to consider the plaintiff came to the Court with unclean hands and alleged agreement of sale was prepared in collusion with 1st defendant and her husband. The trial Court ought to have seen that the suit is bad for non-joinder of necessary parties, thereby could have dismissed the suit. The appellants further claimed that the trial Court failed to consider certain admissions made by the plaintiff during his evidence before the trial Court. The appellants have claimed that the respond
The main legal point established in the judgment is the requirement of the plaintiff to prove readiness and willingness to obtain the sale deed in a suit for specific performance.
In specific performance cases, mutual obligations must be met; time is not of essence if one party defaults, necessitating performance from both sides.
Point of law: Unless a statute specifically requires a plea to be in any particular form, it can be in any form. No specific phraseology or language is required to take such a plea. The language in S....
The continuous readiness and willingness of the plaintiff to perform her part of the contract is a condition precedent to grant the relief of specific performance.
The main legal point established in the judgment is that an inadequately stamped and unregistered agreement for sale is admissible in evidence in a suit for specific performance.
Specific performance of an agreement is discretionary and unenforceable if not all necessary parties consent, and plaintiffs must demonstrate readiness to perform their obligations.
When a defendant alleges coercion regarding the execution of a document, the burden is on them to lead evidence. A failure to enter the witness box to cross-examination results in an adverse presumpt....
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