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J. B. PARDIWALA, R. MAHADEVAN
Vijay Prabhu – Appellant
Versus
S. T. Lajapathie – Respondent
ORDER :
1. We have heard Mr. S. Nagamuthu, the learned Senior counsel appearing for the petitioner (original plaintiff) and Mr. Balaji Srinivasan, the learned counsel appearing for the respondents (original defendants).
2. This petition arises from the judgment and order passed by the High Court of Judicature at Madras dated 24.03.2023 in Appeal Suit No. 211 of 2013 by which the High Court dismissed the appeal and thereby affirmed the judgment and decree passed by the District Judge of Nilgiris at Udhagamandalam dated 18.02.2010 in Original Suit No. 45 of 2008. It appears from the materials on record that the petitioner herein (original plaintiff) instituted Original Suit No. 45 of 2008 seeking specific performance of the agreement dated 07.11.2005 and for delivery of possession of the suit property. In the alternative, he prayed for Rs. 60,00,000/- with interest at 12 per cent per annum towards the damages from the date of filing of the suit.
3. The Trial Court rejected the prayer for specific performance and directed that the amount of Rs. 20,00,000/- paid by the plaintiff to the defendants towards the earnest money be refunded with interest at 12 per cent per annum.
4. The Trial Cou
(1) Specific performance of part of contract – Relinquishment could be made at any stage of litigation including appellate stage – It is not open to High Court to direct specific performance of a par....
The court's discretion to grant specific performance is not arbitrary; it must consider unforeseen hardship to the defendant at the time of contract execution, not merely subsequent changes in circum....
Specific performance under Section 20 of the Specific Relief Act is discretionary even when an oral contract is established, allowing for compensation in lieu if deemed appropriate.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
(1) Agreement to sell – When a condition of a contract is breached and consequences ensue for that breach, a party cannot claim equity to escape such consequences.(2) It is nature of amendments which....
Point of law; Court cannot refuse the relief of specific performance of contract without assigning good and cogent reasons there for
The plaintiff must demonstrate continuous readiness and willingness to perform a contract for specific performance; failure to do so justifies dismissal of the suit.
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
Agreement to sell – Decree of specific performance can be granted on the basis of oral contract.
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