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SANJAY KAROL, VIPUL M. PANCHOLI
A. Shahul Hameed – Appellant
Versus
N. Malligarjuna – Respondent
JUDGMENT :
SANJAY KAROL, J.
1. Leave Granted.
2. The present appeal arises out of the impugned judgment and decree dated 25.06.2025 passed by the High Court of Judicature at Madras in S.A. No. 905 of 2017, whereby the High Court partly allowed the Second Appeal preferred by the Plaintiff-Appellant. The High Court dismissed the suit qua the relief of specific performance, however, it directed the Defendants-Respondents to return a sum of Rs.9,30,000/- along with 12% interest per annum from the date of the suit, i.e., 10.03.2011, till the date of realization to the Plaintiff-appellant.
3. For the sake of convenience, the appellant herein shall be referred to as the plaintiff and the respondents herein shall be referred to as the defendants.
4. The facts of the case in a nutshell are as follows. The plaintiff (purchaser) entered into a sale agreement dated 19.03.20101 [Hereinafter referred to as the ‘subject sale agreement’] with the defendants (vendors) for the purchase of the property bearing Survey No. 75/12 [Hereinafter referred to as the ‘subject suit property’] for a total sale consideration of Rs.9,30,000/-, out of which a sum of Rs.9,00,000/- was paid as earnest money. The balance
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.
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Sale agreement valid with consideration via admission; readiness/willingness shown by possession, payment, deposit despite attachment.
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Agreement to Sell – Suit for Specific Performance – Unless plaintiff is called upon to produce passbook either by defendant or Court orders him to do so, no adverse inference can be drawn.
For specific performance, a plaintiff must consistently prove readiness and willingness to perform their contractual obligations. Failure to do so, along with unexplained delays, can result in denial....
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
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