Karnataka Court February 1978 Judgments

Gurupadayya Shivayya Hiremath Vs. Shivappa Basappa Gurammanavar

Court: Karnataka

Reported in: AIR1978Kant98; ILR1978KAR748

1. This second appeal arises out of a suit for specific performance based on Ex. P-1, the agreement for sale of a property belonging to the defendant. The trial Court decreed the suit, but the appellate Court while reversing that decree has granted the alternate relief to the plaintiff to recover the consideration under Ex. P-l. The decree for specific performance has been denied solely on the ground that the plaintiffs pleas are not in conformity with Section 16(c) of the Specific Relief Act, 1963.2. The only question to be determined in this appeal is whether the appellate Court was right in stating that the plaintiff is not entitled to a decree for specific performance in view of his defective pleadings.The pleadings and proof in any suit for specific performance should be in conformity with the provisions of Section 16(c) and forms 47 and 48 of the first schedule in the Civil P. C. If these requirements are not complied with, the plaintiff is not entitled to a decree for specific p...