Back
DIPANKAR DATTA, SANJAY KAROL
R. Kandasamy (Since Dead) – Appellant
Versus
T. R. K. Sarawathy – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
THE APPEALS
1. The appellants1[sellers, hereafter] in Civil Appeal No.3015/2013 were the defendants in a suit2[O.S. 420 of 2006] for specific performance of an agreement for sale3[Agreement, hereafter] instituted by the first respondent as the plaintiff4[buyer, hereafter], in respect of land together with a tenanted building5[property, hereafter]. The suit was dismissed by the Trial Court vide judgment and decree dated 17th December, 2007. Upon a first appeal6[A.S.811 of 2008] being carried under section 96 of the Code of Civil Procedure, 19087[CPC, hereafter] by the buyer before the High Court of Judicature at Madras8[High Court, hereafter], the same succeeded vide judgment and decree dated 21st October, 20119[impugned judgment, hereafter]. The High Court reversed the judgment and decree of dismissal of the suit and granted decree for specific performance. The sellers have taken exception to the first appellate judgment and decree in this appeal by special leave, granted on 5th April, 2013.
2. Civil Appeal No.3016/2013 is also an appeal against the impugned judgment, special leave wherefor was also granted on 5th April, 2013. It is at the instance of a co
(1) Agreement to Sell – Suit for Specific Performance cannot be decreed where conduct of buyer does not inspire confidence in granting her discretionary relief of specific performance.(2) An agreemen....
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
![Dudala Sarojinamma [died] VS Dudala Rama Prasad](https://cdn.supremetoday.ai/static/img/news-place-holder.png)
(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
The court affirmed that a plaintiff must demonstrate continuous readiness and willingness to perform a contract to be entitled to specific performance of the agreement; otherwise, claims may be dismi....
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
Agreement to Sell – Suit for Specific Performance – There is distinction between limitation and delay and laches.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
