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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G. Radha Rani
Y. Nagender – Appellant
Versus
Y. Ganesh – Respondent
JUDGMENT :
G. Radha Rani, J.
A.S.No.105 of 2020 is filed by the appellant - defendant aggrieved by the common judgment and decree dated 04.11.2019 passed in O.S.No.9 of 2013 by the learned V Additional District & Sessions Judge, Bhongir, Nalgonda District, directing the respondent to deposit a sum of Rs.13.00 lakhs within one month and on such deposit, the appellant shall hand over the possession of the property.
2. A.S.No.107 of 2020 is filed by the appellant - plaintiff aggrieved by the same common judgment and decree dated 04.11.2019 passed in O.S.No.6 of 2011 by the learned V Additional District & Sessions Judge, Bhongir, Nalgonda District, in dismissing the suit filed by him for specific performance of agreement of sale and perpetual injunction.
3. The facts of the case filed by the plaintiff (respondent herein) in O.S.No.9 of 2013 (old O.S.No.167 of 2010) were that the defendant (appellant herein) was none other than his elder brother. The plaintiff was the absolute owner and possessor of agricultural land to an extent of Ac.9-10 guntas in Survey No.132/AA situated at Ramalingampally Village, Bommala Ramaram Mandal, Nalgonda District. He purchased the said property vide registere
The court ruled that the alleged transaction was a loan, not a sale agreement, and the plaintiff was entitled to recover possession of the property upon repayment.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
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....
An unregistered agreement to sell does not confer rights for specific performance; plaintiffs failed to show readiness and willingness to perform contractual obligations.
Unilateral cancellation of an irrevocable GPA is impermissible when the agent has an interest in the property, ensuring the protection of the agent's rights.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
(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 valid agreement for specific performance requires clear intent and consistent evidence of readiness and willingness from the plaintiff to execute the contract, which was not established in this cas....
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