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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Shantha Bai – Appellant
Versus
B. Janardhan Reddy – Respondent
JUDGMENT :
LAXMI NARAYANA ALISHETTY, J.
1. A.S.No.187 of 2024 is filed aggrieved by the Common Judgment and Decree dated 11.09.2023 passed by the I Additional District and Sessions Judge at Vikarabad, whereby and whereunder O.S.No.83 of 2022 (Old O.S.No.180 of 2005), filed by Plaintiff (Shanta Bai) against Defendant (B. Janardhan Reddy), seeking to declare the agreement of sale dated 30.03.1995 and registered sale deed vide document bearing Doc.No.3804 of 2003 dated 28.03.2003, as null and void, was dismissed.
2. A.S.No.183 of 2024 is filed aggrieved by the Common Judgment and Decree dated 11.09.2023 passed by the I Additional District and Sessions Judge at Vikarabad, whereby and whereunder O.S.No.84 of 2022 (Old O.S.No.80 of 2004 and renumbered as O.S.No.566 of 2006) filed by Plaintiff (B.Janardhan Reddy) against Defendant (Shanta Bai), seeking specific performance of agreement of sale dated 30.03.1995, was decreed.
3. Since the issues involved in both the appeals are interconnected and their outcome is interdependent and the parties in both the appeals are one and the same, both the appeals are heard together and are disposed of by way of this common Judgment.
4. Heard Sri V.Hari Hara
The agreements of sale and corresponding deed were valid, with the court confirming that allegations of fraud were not substantiated.
In a suit for specific performance, the plaintiff must prove continuous readiness and willingness to perform the contract, supported by evidence of ownership and financial capability.
A plaintiff in a specific performance suit must prove continuous readiness and willingness to perform their contractual obligations throughout, as mandated by Section 16(c) of the Specific Relief Act....
Time is of the essence in contracts for sale of immovable property; failure to act within stipulated time undermines claims for specific performance.
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....
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.
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.
Agreement to sell – Plaintiff is entitled for specific performance of contract if he avers and proves that he has performed or has always been ready and willing to perform his obligation under the co....
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