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SUPREME COURT
Shri K.V. Viswanathan, ACJ, Shri P.N. Ravindran, J
Bhavyanath represented by Power of Attorney Holder v. K. V. Balan (dead) through Lrs.
| Table of Content |
|---|
| 1. directing appeal against hc's judgment. (Para 1) |
| 2. details about the agreement between parties. (Para 2) |
| 3. developments post-agreement and correspondence. (Para 3 , 4) |
| 4. trial court's findings on issues raised. (Para 5 , 6 , 7) |
| 5. high court's consideration of readiness and willingness. (Para 8 , 9 , 10) |
| 6. arguments made by counsel of both parties. (Para 11 , 12 , 13) |
| 7. distinction between breach and readiness in specific performance. (Para 14) |
| 8. measurement and title issues in contract performance. (Para 15 , 16 , 17 , 20) |
| 9. implications of title clarity in performance. (Para 18) |
| 10. criteria for claiming specific performance. (Para 19) |
| 11. evidence presented underscoring financial capacity. (Para 21 , 22 , 23 , 24) |
| 12. witness testimonies regarding financial capacity. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 13. assessing overall evidence of readiness to perform. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 14. final decision and directions relating to the appeal. (Para 39 , 40 , 41) |
1. The appeal by Special Leave is directed against the judgment passed by the High Court of Kerala at Ernakulam dated 08.10.2015 in RFA No.869 of 2013. The appellant is the plaintiff in a suit
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