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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA, K.LAKSHMAN
Neelima Vanguru – Appellant
Versus
Kaza Kavya – Respondent
JUDGMENT :
(Per Hon’ble Sri Justice K. Lakshman)
Heard Mr. M. Radha Krishna, learned counsel for the appellant - plaintiff and Mr. M.V. Durga Prasad, learned counsel for the respondent - defendant.
2. This appeal is preferred under Section - 96 read with Order -XLI, Rule - 1 of CPC assailing the order dated 09.08.2023 in I.A. No.663 of 2023 in O.S. No.38 of 2023 passed by learned VI Additional District and Sessions Judge, Rangareddy District at Kukatpally.
3. The facts which are not in dispute are as follows:
i) The appellant herein is the plaintiff and the respondent herein is the defendant in O.S. No.38 of 2023.
ii) The appellant filed a suit in O.S. No.38 of 2023 against the respondent for specific performance of agreement of sale dated 03.1.2020 in respect of suit schedule property i.e., Flat No.1402, th admeasuring 2838 square feet in 14 Floor, F-Block, Sale Area which comprises of 1988 square feet of Carpet Area exclusive balcony area admeasuring 191 square feet and proportionate common area admeasuring 656 square feet along with allotment of three Car Parking spaces in basement and undivided 76 square yards of land out of 58585 square yards in Survey No.5, situated at Kondapur Vil
The court determined that a suit for specific performance may not be dismissed under Order VII, Rule 11 if a valid cause of action is pleaded, allowing the case to proceed to trial.
The subsequent rise in price and the defendant's resistance were not valid grounds to deny the relief of specific performance. The trial court rightly exercised its discretion in granting the relief ....
Time is of the essence of the contract and the plaintiff was not ready and willing to perform its part of the contract in terms of the agreement.
(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....
The main legal point established in the judgment is that the plaintiff's readiness and willingness to perform his part of the contract, as well as the fulfillment of the terms of the agreement for sa....
The main legal point established in the judgment is that the plaintiff must establish readiness and willingness to perform a contract for specific performance.
The burden of proof lies on the party disputing the validity of a written contract, and the conduct of the parties and the plaintiff's readiness and willingness are essential for specific performance....
Specific performance can be granted when the buyer has made substantial payments and the seller's refusal to execute the sale deed is unjustified, even if specific issues on readiness and willingness....
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