Ramesh Babu C L vs Srinivasa Mruthy K L on 20 April, 2024
If at all they are
genuine in their conduct, the moment after supplying the
documents if the plaintiffs have not shown their
inclinations to get the sale deed, then the contention of
the defendants would have been accepted. Thus this
Court has no doubt that the plaintiff was always ready
and willing to perform his part of contract. In fact, they
have made out the grounds to get the specific
performance of the agreement of sale dated 18/12/2020.
Thus, the decision in Mehboob-Ur-Rehman case is not
36 O.S.No.2747/2020
applicable to the case in hand. As the plaintiff's have
proved that from the day one of the agreement, they were
having sufficient money with their sources to perform
their part of contract, but its the defendants who
defaulted their part for contract. Thus, It is the
defendants are duty bound to execute the registered sale
deed by receiving balance sale consideration.