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Supreme Court of India 2019-05-09 dismissed

Beemaneni Maha Lakshmi vs Gangumalla Appa Rao (Since dead) by Lrs

Bench: 2 — M.R. Shah

In Brief

The appellant (vendor) sold agricultural property to the respondent (vendee) under an agreement dated 30 December 1985 for Rs 2,45,000. The respondent paid Rs 55,000 as advance and sought specific performance of the agreement. The trial court and High Court found that the vendor breached the contract by failing to produce the original title deed, land ceiling clearance papers, and get the land measured—prerequisites that made it impossible for the respondent to pay the balance. The Supreme Court upheld the decree for specific performance, holding that concurrent findings of the vendor's breach were binding, the respondent's readiness to pay was established, and the vendor's plea of hardship raised for the first time in appeal was not permissible.

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Specific Performance Contract for Sale of Land Agricultural Land Ceiling Act Sale Deed Readiness and Willingness Concurrent Findings Vendor's Breach Plea of Hardship Title Documents

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