Smt G Manjula v. Sri C Yellappa
Case brief
What is this about?
Specific performance — readiness and willingness under Section 16(c) Specific Relief Act, 1963 — discretionary nature of decree (Section 20) — proof of agreement alone insufficient — price escalation/stale consideration (2013 price of Rs.11,00,000/- after 13 years) — unfair advantage and hardship to vendors — refund of earnest money Rs.8,50,000/- — enhancement of interest from 6% to 9% p.a. from date of agreement till realization — exparte defendants — reliance on U.N. Krishnamurthy v. A.M. Krishnamurthy, AIR 2022 SC 3361 — Karnataka HC RFA under Section 96 CPC — agreement of sale 08.08.2013, suit filed 12.02.2018, decree 28.09.2020 — agricultural land, Hosakote Taluk, Bengaluru Rural.
What did the court decide?
Regular First Appeal allowed in part: Trial Court's rejection of the claim for specific performance confirmed; interest on refund of the earnest amount modified from 6% to 9% p.a. from the date of agreement of sale till realization on Rs.8,50,000/-; decree to be drawn accordingly; no order as to costs.