REVAPPA GURUSIDDAPPA versus THAKUBAI MADHAVARAO PATIL AND ORS.

High Court rightly remitted the matter for framing the issue of readiness and willingness, as petitioner was a subsequent purchaser and no error of law occurred in remanding.

Parties: Petitioner: Revappa Gurusiddappa; Respondent: Thakubai Madhavarao Patil; Respondents: Others
Jurisdiction: India
Judgment Date: 04 September 1996
Procedural Posture: Special Leave Petition (civil) / Dismissal After Remand Order
Outcome: Petition dismissed
Legal Topics: Specific Performance, Bona Fide Purchaser, Refund of Earnest Money, Readiness and Willingness to Perform Contract

Contract Law Specific Relief Specific Performance Bona Fide Purchaser Refund of Earnest Money Readiness and Willingness to Perform Contract

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Parties

Revappa Gurusiddappa

Petitioner

Thakubai Madhavarao Patil

Respondent

Others

Respondents

Procedural Posture

Special Leave Petition (civil) / Dismissal After Remand Order

Legal Issues

1 Whether the petitioner was a bona fide purchaser for value without notice of prior agreement of sale
2 Whether the respondent was ready and willing to perform his part of the agreement

Ratio Decidendi

High Court rightly remitted the matter for framing the issue of readiness and willingness, as petitioner was a subsequent purchaser and no error of law occurred in remanding.

Court Disposition

Petition dismissed

Orders

Special Leave Petition dismissed
No cause for grievance in remand of matter