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High Court of Karnataka Dismisses Appeal for Specific Performance — Plaintiff Failed to Prove Readiness and Willingness and Suit Barred by Limitation. Agreement of Sale Dated 12.1.2000 Fixed Three Months for Execution; Suit Filed in 2003 Beyond Limitation Under Article 54 of Limitation Act, 1963.

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Sale Agreement for Rs.4,75,000 with Rs.75,000 advance; plaintiff always ready and willing; defendant's unilateral rescission invalid.

The case arises from a suit for specific performance of a sale agreement dated May 26, 2006, whereby the plaintiff (first respondent) agreed to purcha...

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Bombay High Court Dismisses Appeal Against Injunction in Property Sale Dispute — Receipt Held Not Constituting Agreement to Sell. Receipt of earnest money without essential terms of contract cannot be enforced as an agreement to sell under the Specific Relief Act, 1963.

The appellant, Eastern Star Hotels & Resorts Pvt. Ltd., filed an appeal against an order of the Civil Judge, Senior Division, Panaji, which dismissed ...

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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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High Court of Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld.

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaint...

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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...