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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
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 , 1908, seeking for specific performance of an agreement of sale dated 10.07.2005 against the respondents / defendants in respect of the suit schedule property situated in Survey Nos.197, 198 and 199 of Yadarpalli Village total admeasuring Acs.17.18 gts.
4. The brief facts of the care are that, the respondent / defendant Nos.1 and 2 have offered to sell their lands to the appellant / plaintiff herein under a registered Agreement of Sale dated 10.07.2005 for a total sale consideration
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.
The plaintiff must continuously prove readiness and willingness to perform a contract to be entitled to specific performance, as per Section 16(c) of the Specific Relief Act.
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