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KARNATAKA HIGH COURT
E.S. INDIRESH, J
H. SANJEEVAIAH – Appellant
Versus
HUCHAMMA – Respondent
| Table of Content |
|---|
| 1. establishment of service inam land and sale agreement. (Para 1 , 3 , 4) |
| 2. defendants' arguments on readiness and contract execution. (Para 5 , 11 , 12) |
| 3. court's findings on trial and appellate judgments. (Para 6 , 8 , 16) |
| 4. judicial principles related to specific performance and limitation. (Para 18 , 20 , 22) |
CAV JUDGMENT
2. For the sake of convenience, parties are referred as per their ranking before the Trial Court.
4. It is also stated that, the plaintiff was ready and willing to perform his part of contract and as such, approached the defendants to execute the registered Sale Deed. It is also stated in the plaint that the defendants have made claim for further payment and as such, plaintiff has paid Rs.50,000/- on 16.03.2002 and Rs.50,000/- on 10.02.2004 to the defendants. It is also stated that having received the major portion of the sale consideration of Rs.2,50,000/- from the plaintiff, the defendants refused to execute the registered Sale Deed in favour of the plaintiff. Hence, the plaintiff has filed the suit in O.S.No.2087 of 2006, seeking relief of specific performance of the contract.
6. Based on the pleadings on record, the Trial Court has framed the
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