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K. SURENDER
Vonuguri Srisailam – Appellant
Versus
Alle Ravinder – Respondent
JUDGMENT :
K.SURENDER
1. This Appeal Suit is filed aggrieved by the judgment and decree in O.S.No.722 of 2006 dated 23.11.2010 passed by the III Additional District Judge, Ranga Reddy District at L.B.Nagar, wherein and whereby the suit filed by the defendant/plaintiff is decreed.
2. The appellant is the defendant in the trial Court. Suit for specific performance was filed by the respondent herein, who is the plaintiff in the trial Court.
3. For the sake of convenience, the parties hereinafter will be referred to as arrayed in the original suit before the trial Court.
4. According to the case of the plaintiff, the defendant executed agreement of sale ExA1 dated 05.03.2005 in respect of land admeasuring Acs.1.11 gts in Sy.No.344/AA, land admeasuring 0.30 gts in Sy.No.349/A, totally admeasuring Acs.2.33 gts of Maheshwaram Mandal. The defendant agreed to sell the scheduled property at Rs.8,50,000/- per acre and the total consideration amount was arrived at 24,01,250/-.
5. Exs.A2 and A3 dated 05.03.2005 and 05.06.2005 were executed by the defendant and cheques were also issued which were encashed by the defendant. Ex.A4 is the original Bank statement filed by the plaintiff. Though the plainti
The court upheld the decree for specific performance, emphasizing the validity of the agreement despite the defendant's denial and failure to provide evidence.
(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 plaintiff failed to establish the existence of a binding contract or prove payment of earnest money for specific performance, leading to the dismissal of his claims.
In specific performance cases, mutual obligations must be met; time is not of essence if one party defaults, necessitating performance from both sides.
Specific performance of an agreement is discretionary and unenforceable if not all necessary parties consent, and plaintiffs must demonstrate readiness to perform their obligations.
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