conduct of the Defendant resisting the execution of the sale deed is quite incorrect- Upholds Specific Performance: Andhra High Court
In a significant ruling, the High Court of Andhra Pradesh, presided over by Justice T. Mallikarjuna Rao, upheld the trial court’s decision in the case of Bogi Rajeswari vs Chintala Srinivasa Kumar [APPEAL SUIT NO. 1134 OF 2016], affirming the specific performance of a sale agreement for immovable property.
The High Court’s decision focused on the authenticity of the sale agreement dated May 25, 2009, and the readiness and willingness of the parties to perform their contractual obligations, as mandated under the relevant sections of the Indian Contract Act and the Specific Relief Act.
The appeal was filed by Bogi Rajeswari, challenging the trial court’s decree that directed her to execute a sale deed in favor of Chintala Srinivasa Kumar for a property in question. The appellant contested the authenticity of the sale agreement, while the respondent maintained his position on the validity of the agreement and his readiness to perform the contract.
Justice Rao, in his observation, stated, “The conduct of the Defendant resisting the execution of the sale deed is quite incorrect.” The Court thoroughly examined the evidence, including the testimonies of the parties and witnesses, and the documents presented. It was concluded that the sale agreement (Ex.A.1) was valid and the appellant had contractual obligations to fulfill.
The Court applied principles from Section 96 of the Code of Civil Procedure, Section 16(3) of the Indian Contract Act, Section 111 of the Indian Evidence Act, and Sections 16(c) and 20 of the Specific Relief Act. It was emphasized that readiness and willingness are crucial factors in specific performance suits.
The Court modified the trial court’s decree, directing the respondent to deposit the balance sale consideration with interest. Upon such deposit, the appellant is to execute the sale deed in favor of the respondent. If the appellant fails, the court is authorized to execute the deed. The Court affirmed that the parties would bear their own costs.
Date of Decision : February 8, 2024.
Bogi Rajeswari vs Chintala Srinivasa Kumar
