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D. BHARATHA CHAKRAVARTHY
Kumaravel – Appellant
Versus
A. Sadiq Batcha – Respondent
JUDGMENT :
A. The Appeal :
This Appeal Suit is filed against the Judgment and Decree in O.S.No.59 of 2013, passed by the II-Additional District and Session Judge, Erode, in and by which, the suit filed by the plaintiff for specific performance of the suit agreement was decreed by refusing the prayer for specific performance and granting the alternative relief to repay the sum of Rs.14,96,267/- with interest at the rate of 9% per annum from the date of suit, till the date of Decree, and thereafter, at the rate of 6% per annum, on the advance amount of Rs.12,00,000/-, until repayment.
B. The Case of the Plaintiff:
2. The suit property absolutely belongs to the first defendant, having purchased the same through a registered Sale Deed, dated 21.01.2010. The defendant entered into an agreement of sale with the plaintiff on 27.02.2011, agreeing to sell the suit property to the plaintiff for a sum of Rs.15,00,000/-, and received a sum of Rs.7,00,000/-, as advance. At the time of agreement, the first defendant had represented that he has created a mortgage by depositing the original title deed with one S.C. Manickkam, by borrowing a sum of Rs.3,00,000/-. Again the first defendant, approached t
The central legal point established in the judgment is the requirement of the plaintiff's readiness and willingness to perform the contract for entitlement to specific performance.
The court ruled that statutory rights of a bona fide purchaser prevail over equitable rights of an agreement holder in cases of specific performance, particularly in the absence of evidence proving r....
Sale agreement genuine but specific performance denied due to plaintiff's delay proving lack of readiness and willingness.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform their contractual obligations, and the agreement must be validly executed by all necessary pa....
A sale agreement executed by only one co-owner is defective and cannot support a claim for specific performance, which necessitates establishing readiness and willingness separately.
The exercise of discretion under Section 20 of the Specific Relief Act requires the court to satisfy itself about the existence of a sale agreement and the plaintiff's readiness and willingness to pe....
The main legal point established in the judgment is the requirement for the plaintiff to prove the execution of the agreement of sale, payment of consideration, and continuous readiness and willingne....
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
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