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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Anumandla Lakshmi, W/o. Srinivasa Reddy – Appellant
Versus
K. Lakshma Reddy, S/o. Late Krishna Reddy – Respondent
| Table of Content |
|---|
| 1. memorandum of appeal and suit context (Para 1 , 2) |
| 2. issues framed by trial court (Para 4 , 5) |
| 3. arguments of both parties regarding the trial court's findings (Para 7) |
JUDGMENT :
B.R. MADHUSUDHAN RAO, J.
1. This Memorandum of Appeal is filed under Section 96 of Code of Civil Procedure, 1908 (for short ‘CPC’) assailing the judgment and decree in OS.No.394 of 2015, dated 12.10.2022 passed by the XI Additional Chief Judge, City Civil Court at Hyderabad.
2. Appellant is the defendant and respondent is the plaintiff in OS.No.394 of 2015.
3.1. Respondent-plaintiff has filed suit for specific performance of Agreement of Sale, dated 25.08.2014 and the alternate prayer is to direct the appellant-defendant to refund the amount of Rs.10 Lakhs with interest @ 24% per annum till the date of realization and to pay Rs.2 Lakhs towards compensation for the mental agony.
3.2. It is stated in the plaint that the appellant-defendant is the owner and possessor of Flat bearing No.402, Poornima Mansion with Municipal bearing No.1-9-295/32/5/A, Vidya Nagar Hyderabad, consisting of 830 square feets area along with car parking. Appellant-defendant has offered to sell the property to the respon
The plaintiff bears the burden of proof to establish the existence of a valid agreement, failing which claims for specific performance will be dismissed, as per evidentiary standards.
Parties must continuously demonstrate readiness and willingness to perform a contract to successfully claim specific performance; defendants' denial of contract validity shifts the burden of proof on....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
The plaintiff's failure to prove willingness to perform the contract led to the grant of the alternate relief of refund of the advance money.
The Court exercised its discretion under Sec. 20 of the Specific Relief Act to set aside the judgment and directed the defendant to return the advance amount with interest.
The amendment to the Specific Relief Act in 2018 makes specific performance non-discretionary; proven readiness leads to enforceable agreements.
(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....
PONT OF LAW: readiness and willingness in completing her part of the sale transaction at the earliest point of time, all would only go to disclose that as the sale agreement had not been really execu....
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