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IN THE HIGH COURT OF TELANGANA
RENUKA YARA
V. Manohar Kumar – Appellant
Versus
T. Sairam – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments of the appellants. (Para 10 , 11 , 12) |
| 3. court's analysis on readiness and willingness. (Para 13 , 14 , 15 , 16) |
| 4. court analysis of evidence and readiness. (Para 17) |
| 5. court’s observations on the evidence presented. (Para 19 , 20 , 21 , 22 , 23) |
| 6. conclusion of the court regarding the appeal. (Para 24 , 25 , 26) |
JUDGMENT :
RENUKA YARA, J.
Heard Sri Peddapally Sai Kiran, learned counsel for the appellants/defendant Nos.2 and 3 and Sri B. Nalin Kumar, learned counsel for respondent No.1/plaintiff.
2. This is an appeal preferred by the appellants/defendant Nos.2 and 3 aggrieved by the judgment and decree of the learned Judge, Family Court-cum-VII Additional District Judge, Medak at Sangareddy (for short ‘the learned Judge’), dated 19.09.2019 in O.S.No.55 of 2011, whereby, the suit filed for directing the appellants and respondent Nos.3 to 5 to execute registered sale deed in favour of respondent No.1/plaintiff in respect of the property i.e. Plots bearing Nos.165 and 166 admeasuring an area of 366 sq.yds. in Sy.Nos.249 and 250 situated at Isnapur Village, Patancheru Mandal, Medak District (for
The substantial pre-payment of sale consideration by the plaintiff establishes readiness and willingness for specific performance, reinforcing the enforceability of the sale agreement despite defenda....
The court affirmed that a sale agreement is enforceable when the plaintiff proves readiness and willingness to perform, and the defendants fail to substantiate claims against the agreement.
The Plaintiff must prove readiness and willingness to perform a contract for specific performance, including financial capacity, while the burden of proof shifts to the Defendant to disprove the agre....
The court affirmed that specific performance can be decreed if the plaintiff proves readiness and willingness, and the burden of proof shifts once a prima facie case is established.
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's readiness and willingness to perform the contract, as well as the Defendant's failure to prove that the sale agreement was fabricated, were crucial in the court's decision to confirm ....
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.
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....
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