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KARNATAKA HIGH COURT
MR. HANCHATE SANJEEVKUMAR, J
SHRI. HANUMANTAPPA S/O. CHANDRAPPA GORDANAVAR, SINCE DECEASED BY HIS LR’S 1(A) S MT. NEELAMMA – Appellant
Versus
SHRI. JAGADISH S/O. HANSRAJ THAKKAR – Respondent
| Table of Content |
|---|
| 1. parties involved in land sale agreement. (Para 1 , 2 , 3) |
| 2. defendants deny plaintiffs' financial claims. (Para 4) |
| 3. trial court decrees specific performance. (Para 5 , 6 , 8 , 9 , 22) |
| 4. defendants raise objections to the contract. (Para 10 , 11 , 12 , 13) |
| 5. plaintiff argues case based on contract execution. (Para 18 , 19) |
| 6. analysis required for contract performance. (Para 21) |
| 7. specific performance requires readiness and willingness. (Para 30 , 31 , 52 , 54) |
| 8. court rules against specific performance, allows refund. (Para 44 , 45 , 56) |
CAV JUDGMENT
The regular first appeal is filed by the defendants challenging the judgment and decree dated 31.07.2012 passed in O.S.No.90/2009 by the Court of First Addl. Senior Civil Judge, Hubli, thereby the suit filed by the plaintiffs for specific performance of contract is decreed in full directing the defendants to execute the registered sale deed in favour of the plaintiffs by receiving the balance sale consideration amount.
PLAINT:
3.1. Further it is stated by the plaintiffs that subsequent to agreement of sale dated 06.03.2007 as above stated the plaintiffs have paid further sum of Rs.1,25,000/- to the defendants and accordi
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