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P. SREE SUDHA
M. Subash Reddy – Appellant
Versus
Vidyasagar S. Nitha – Respondent
JUDGMENT :
This appeal suit is filed against the Judgment and decree dated 25.11.2009 in O.S.No.37 of 2003, passed by the learned Senior Civil Judge, Vikarabad.
2. The suit vide O.S.No.37 of 2003, was filed by appellant/plaintiff against respondent/defendant for specific performance of Agreement of Sale dated 24.09.2002. The trial Court examined P.Ws.1 to 3 and marked Exs.A1 to A5 on behalf of the appellant/plaintiff. There is no evidence on behalf of the respondent/defendant, but got marked Ex.B1 copy of the Judgment in O.S.No.310 of 2006, on behalf of the defendant. The trial Court after considering the arguments of both sides and evidence on record, decreed the suit to the extent of return of amount of Rs.1,00,000/- with interest @ 6% per annum from 24.09.2002 to till date without costs and respondent/defendant was directed to deposit the amount within two months, failing which, he was directed to pay interest @ 18% per annum. Aggrieved by the said Judgment and decree, plaintiff therein preferred the present appeal.
3. The learned Counsel for the appellant/plaintiff mainly contended that respondent/defendant is the owner of the land measuring Acs.5 – 04 gts in Sy.No.280 and land ad
Time is of the essence in contracts; failure to pay the balance sale consideration results in rescission of the agreement.
Continuous readiness and willingness to perform a contract is essential for specific performance; failure to pay within stipulated time bars the claim.
Continuous readiness and willingness to perform the contract is a condition precedent for obtaining the relief of specific performance under Section 16(c) of the Specific Relief Act.
Parties must continuously demonstrate readiness and willingness to perform a contract to successfully claim specific performance; defendants' denial of contract validity shifts the burden of proof on....
(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 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.
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