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IN THE HIGH COURT OF TELANGANA
RENUKA YARA
V. Manohar Kumar – Appellant
Versus
T. Sairam – Respondent
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 short ‘the suit schedule property’ has been decreed.
3. For the sake of convenience, the parties in this appeal are referred to as they are arrayed in O.S.No.55 of 2011.
Facts of the case:
4. The suit was filed by the plaintiff seeking relief of specific performance of Agreement of sale dated 26.07.2008/Ex.A1 and to declare the sale deeds i.e. document bearing No.3398 of 2009, dated 23.04.2009/Ex.A7 executed
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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