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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SREE SUDHA
B.Chandra Reddy – Appellant
Versus
T.Pratap Reddy – Respondent
| Table of Content |
|---|
| 1. agreement of sale details (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. plaintiff's claims of inability (Para 12 , 13 , 14 , 15 , 19) |
| 3. court's analysis of readiness (Para 20) |
| 4. appeal suit dismissed (Para 21) |
JUDGMENT :
P.SREE SUDHA, J.
This appeal is filed against the Judgment and decree dated 24.12.2014 in O.S.No.4 of 2003 passed by the learned IV Additional District Judge, Ranga Reddy District at L.B.Nagar.
2. The suit vide O.S.No.4 of 2003 was filed by the appellant/plaintiff against respondents/defendants for Specific Performance of Agreement of sale and for Perpetual Injunction. The trial Court after considering the arguments of both sides dismissed the suit. Aggrieved by the said Judgment, plaintiff in the suit preferred the present appeal.
3. Heard both sides. Perused the record.
4. For the sake of convenience, the parties herein are referred to as “plaintiff” and “defendants” as arrayed in the trial Court.
5. P.W.1 was examined on behalf of plaintiff and D.Ws.1 and 2 were examined on behalf of defendants. Exs.A1 to A7 were marked on behalf of plaintiff and no documentary evidence was adduced on behalf of defendants.
6. The brief facts of the case are that defendant Nos.1 to 4
Continuous readiness and willingness to perform a contract is essential for specific performance; failure to pay within stipulated time bars the claim.
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
Continuous readiness and willingness to perform the contract is a condition precedent for obtaining the relief of specific performance under Section 16(c) of the Specific Relief Act.
The readiness and willingness of the parties to perform their part of the contract, as per the agreement of sale, is crucial in determining the entitlement to the discretionary relief of specific per....
In a suit for specific performance, plaintiffs must prove continuous readiness and willingness to perform their part of the contract, supported by cogent evidence; mere assertions are insufficient.
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
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(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
Time is of the essence in contracts; failure to pay the balance sale consideration results in rescission of the agreement.
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