Sri Ramachandra S/O Late Marigowda v. Sri Ramakrishnaiah S/O Late Motegowda
Specific performance – Regular Second Appeal – Concurrent findings
Case brief
What is this about?
Karnataka High Court, Bengaluru (Ravi V. Hosmani J., 06.01.2025) dismisses RSA No.702/2012 by unsuccessful plaintiff in O.S.No.25/2003 (Ramanagara) for specific performance of agreement of sale Ex.P7 dated 25.10.2002 (Sy.no.69/2, Kolur village). Agreement held proved and entire consideration paid, but suit property had already been sold under registered sale deed dated 18.10.2002 to defendant no.3; missing Form-47 readiness/willingness pleadings held not fatal; refund of earnest money refused for want of prayer. Involves S.16(c) Specific Relief Act, Order VII Rule 14(3) CPC, S.100 CPC; precedents include Umabai, Sukhbir Singh, Aniglase Yohannan, Desh Raj, Ganesh Dassji; counsel-cited decisions (T. Krishna Murthy, P. Ramasubbamma, Sughar Singh, Siddamsetty, Vidhyadhar) held not to come into play on the facts.
What did the court decide?
Denial of specific performance merely on the ground of lack of pleadings prescribed in Form-47 of Appendix-A CPC would not be justified, where the entire sale consideration stood paid, the plaintiff called upon defendants to execute the sale deed and issued legal notice Ex.P3 dated 28.12.2002, the suit was filed without undue delay, and defendants neither raised a contention about lack of pleading on readiness and willingness nor was any such issue framed.