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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
M. Amruth Reddy – Appellant
Versus
S. Senappa – Respondent
JUDGMENT :
Nagesh Bheemapaka, J.
Appellant is Plaintiff in O.S.No. 135 of 2005 on the file of Hon'ble Principal District Judge, R.R District at L.B. Nagar. The parties to this appeal are being referred to as they were arrayed in the suit.
1.1. Plaintiff filed the above suit for specific performance in respect of agricultural land admeasuring Ac. 0-10 guntas in Survey No. 186/A, Ac. 0-08 guntas in Survey No. 187/A, Ac.0-06 guntas in Survey No. 190/A, Ac. 0-07 guntas in Survey No. 191/A, Ac.0-09 guntas in Survey No. 192/A situated at Kokapet Village, Rajendranagar Mandal, R.R. District (referred to as ‘Suit Schedule Property’).
1.2. It is stated, defendant is owner of the suit schedule property who approached Plaintiff offering to sell the property; total sale consideration agreed between the parties is Rs. 12,00,000/- (Rupees Twelve Lakhs Only) and the said agreement was reduced into writing vide unregistered Agreement of Sale dated 10.07.2000. On the date of Agreement, Plaintiff paid Rs. 10,00,000/- out of total sale consideration of Rs. 12,00,000/-. Though repeated requests were made by Plaintiff with Defendant for execution of registered sale deed by receiving balance sale considerat
The amendment to the Specific Relief Act in 2018 makes specific performance non-discretionary; proven readiness leads to enforceable agreements.
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....
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
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 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....
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
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