G.RAJASURIA
Poorani Ammal – Appellant
Versus
S. T. Prabhavathi – Respondent
Based on the provided legal document, here are the key points regarding the case G. Rajasuria Poorani Ammal vs. S.T. Prabhavathi:
Case Details * Court: High Court of Judicature at Madras * Case Number: A.S.No.147 of 2009 * Date Decided: 08-03-2012 * Subject: Civil Law - Property Law (!) * Acts Referred: Evidence Act (S.114(f), S.114(e)) and Specific Relief Act (S.16, S.16(c), S.20) (!)
Facts of the Case * The plaintiff filed a suit for specific performance of an agreement to sell dated 10.03.2005 (Ex.A1) for a total consideration of Rs.6,51,200/-, with an advance of Rs.1,01,001/- already paid (!) . * The defendant resisted the suit, claiming the agreement was forged and fabricated, stating she never intended to sell and was a widow (!) . * The defendant alleged that a broker named Rajendran obtained her signatures on blank papers for a loan of Rs.50,000/- and used them to create the agreement (!) . * The defendant claimed she had no knowledge of the plaintiff and that the property was undervalued (!) . * The trial court decreed the suit, and the defendant appealed (!) .
Issues Raised in Appeal 1. Whether the defendant's sale of the property pendente lite (Ex.A6) deprived her of the right to challenge the agreement and the plaintiff's readiness and willingness (!) . 2. Whether the trial court was justified in decreeing the suit despite evidence disputing the genuineness of the agreement (!) . 3. Whether the non-framing of an issue relating to the plaintiff's readiness and willingness was fatal to the judgment (!) . 4. Whether there was perversity or illegality in the trial court's judgment (!) .
Court's Findings and Reasoning * Locus Standi: The court held that selling the property pendente lite does not deprive the defendant of her right to challenge the agreement or the plaintiff's readiness and willingness, citing the principle that the transferee cannot take pleas antithetical to the vendor (!) (!) (!) (!) . * Genuineness of Agreement: The court found the defendant's case inconsistent; in the written statement, she claimed a broker obtained blank signatures, but during trial, she claimed the plaintiff obtained them from the broker to fabricate the agreement (!) (!) . * Readiness and Willingness: The court noted the plaintiff sent a notice letter (Ex.A2) via Certificate of Posting, attracting presumptions under Section 114(f) and (e) of the Evidence Act regarding the common course of business (!) (!) . * Defendant's Conduct: The defendant's alienation of the property shortly after filing a counter claiming she would not do so demonstrated her lack of respect for the court and contradicted her claims of innocence (!) (!) . * Trial Court's Discretion: The court affirmed that the trial court correctly appreciated the evidence, noting the defendant's prevaricative stands and the lack of perversity or illegality in the findings regarding the agreement's genuineness (!) (!) (!) . * Non-Framing of Issue: The court ruled that even though a specific issue on readiness and willingness was not framed, the trial court had dealt with the matter in detail in its judgment, making the omission non-fatal (!) .
Final Decision * The appeal was dismissed as there was no merit in the arguments advanced by the defendant (!) (!) (!) (!) . * There was no order as to costs (!) .
1. 13.11.2008 passed by the learned Principal District Judge, Cuddalore in O.S.No.59 of 2006, which was filed by the plaintiff seeking specific performance of the contract to sell the suit property.
2. The parties, for convenience sake, are referred to here under according to their litigative status and ranking before the trial Court.
3. Compendiously and concisely, the relevant facts, which are absolutely necessary and germane for the disposal of this appeal would run thus:
a] The respondent/plaintiff herein filed the suit seeking the specific performance of Ex.A1 the agreement to sell, which emerged between the plaintiff and the defendant on 10.03.2005 whereby, the latter, being the land owner agreed to sell in favour of the former the suit property for a total sale consideration of Rs.6,51,200/- and an advance amount of Rs.1,01,001/- was also paid by the plaintiff to the defendant. The time stipulated for performance was three months. The defendant subsequently was indulging in dilatory tactics, whereby a letter was sent by the plaintiff to the defendant expressing the plaintiff's readiness and willingness to perform her part of the contract and also calling upon the d
AIR 1956 SC 593 [Nagubai Ammal & ors. v B.Shama Rao & ors.]
AIR 1979 SC 1241 [Prakash Chandra v Angadlal & ors.]
(2011) 1 SCC 429 J.P.Builders & anr. V A. Ramadas Rao & anr.
AIR 1973 SC 559 [Dr. Jiwal Lal & ors. v Brij Mohan Mehra & anr.]
Hardev Singh v Gurmail Singh (2007) 2 SCC 404: (2007) 3 MLJ 44
AIR 1965 SC 1405 [Mademsetty Satyanarayana v G.Yelloji Rao & ors.]
(2004)2 SCC 283 [Krishi Utpadan Mandi Samiti Sahaswan
AIR 1977 Mad 83 (Div Bench of this crt) [Manickathammal & ors. v Nallasami Pillai &
1997 (I) CTC 360 (Mad) [Seeni Ammal v Veerayee Ammal]
2010(10) SCC 512 [Man Kaur (Dead) By Lrs. v Hartar Singh Sangha]
AIR 1967 SC 278 [ Ramprasad Dagaduram vs. Vijaykumar Motilal Hirakhanwala and others]
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