Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, NAMAVARAPU RAJESHWAR RAO
B. Udaya Bhasker Rao – Appellant
Versus
Mettu Yadi Reddi – Respondent
| Table of Content |
|---|
| 1. overview of appeal process (Para 1 , 2) |
| 2. specific performance agreement details (Para 3 , 4) |
| 3. plaintiff's readiness and willingness (Para 5) |
| 4. defendant's financial burden (Para 6) |
| 5. supreme court decisions on readiness and willingness (Para 7 , 10) |
| 6. admitted facts and trial court observations (Para 8 , 9) |
| 7. essential terms for specific performance (Para 11 , 12 , 13 , 14) |
| 8. final opinion on trial court's findings (Para 15) |
| 9. conclusion of appeal (Para 16 , 17) |
JUDGMENT :
P. SAM KOSHY, J.
1. The instant appeal is filed by the appellant / plaintiff under Section 96 of the CIVIL PROCEDURE CODE , 1908 assailing the Judgment and Decree dated 21.11.2012 in O.S.No.471 of 2006 passed by the III Additional District and Sessions Judge, (Fast Track Court), Ranga Reddy District, at L.B. Nagar (for short ‘the impugned Judgment’).
2. Heard Mr.B.Udaya Bhasker Rao (Party-in-Person) and Mr. Janardhan Reddy Kotha, learned counsel for the respondents/defendants.
3. Vide the impugned judgment, the Trial Court dismissed the above suit, viz., O.S.No.471 of 2008, which was filed by the appellant / plaintiff under Section 26 read with Order VII Rules 1 and 2 of CIVIL PROCEDURE CODE ,
Plaintiffs in specific performance cases must demonstrate both readiness and willingness to perform their contractual obligations, supported by concrete evidence.
Plaintiffs must prove readiness and willingness for specific performance; financial capacity may be demonstrated through means to secure funds, not necessarily possession of cash.
A plaintiff must prove both readiness and willingness to perform a contract for specific performance to be granted; failure to establish either element results in dismissal of the claim.
Readiness and willingness must be adequately pleaded and proven for specific performance claims.
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
The plaintiff must demonstrate continuous readiness and willingness, including financial capacity, to qualify for specific performance under Section 16(c) of the Specific Relief Act.
The court established that a plaintiff must demonstrate readiness and willingness to perform a contract for specific performance under Section 16(c) of the Specific Relief Act, 1963.
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
