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Supreme Court of India 2020-02-07 allowed

C.S. Venkatesh vs A.S.C. Murthy (D) by Lrs. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court affirmed that a sale deed must be interpreted based on the actual intention of the parties, as demonstrated by the deed's full terms and supporting evidence. Although the buyer (defendant) executed a reconveyance deed, the sale remained a true sale, not merely a security arrangement. The Court held that the seller (plaintiff) failed to prove readiness and willingness to perform the reconveyance agreement as required by the Specific Relief Act. Since the plaintiff had no demonstrable income, business, or financial means to pay the purchase price, a mere assertion of willingness was legally insufficient. The Court allowed the appeal and restored the trial court's decree denying specific performance.

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Specific Relief Transfer of Property Contract Performance Equity and Restitution Readiness and Willingness

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