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J. NISHA BANU, N. ANAND VENKATESH
Surendran – Appellant
Versus
G. Selladurai – Respondent
JUDGMENT :
J.Nisha Banu, N.Anand Venkatesh, JJ.
This appeal suit has been filed by the 2nd defendant/appellant against the judgment and decree passed by the II Additional District Judge, Tiruchirappalli in O.S.No.111 of 2007, dated 06.08.2012, decreeing the relief of specific performance sought for by the plaintiff/1st respondent.
2. For the sake of convenience, the parties will be addressed with the same rank assigned in the suit.
3. The case of the plaintiff is that the 1st defendant is the owner of the subject property and he appointed the 3rd defendant as his Power Of Attorney agent through registered Power Of Attorney deeds dated 22.08.2002 (marked as Ex.A1) and 09.06.2004 (marked as Ex.A2), empowering the 3rd defendant to sell the property. The further case of the plaintiff is that the 3rd defendant in her capacity as the agent, entered into an agreement of sale dated 01.07.2006 (marked as Ex.A3) with the plaintiff. As per the sale agreement, the total sale consideration was fixed as Rs.35,01,000/- and an advance of Rs.5,00,000/- was received by the agent on the date of agreement by way of cash. The agreement fixed a period of two years for the payment of the balance sale conside
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 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....
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.
When a defendant alleges coercion regarding the execution of a document, the burden is on them to lead evidence. A failure to enter the witness box to cross-examination results in an adverse presumpt....
Point of law: Unless a statute specifically requires a plea to be in any particular form, it can be in any form. No specific phraseology or language is required to take such a plea. The language in S....
The continuous readiness and willingness of the plaintiff to perform her part of the contract is a condition precedent to grant the relief of specific performance.
The main legal point established in the judgment is the court's affirmation of the specific performance of the agreement of sale dated 05-8-1995, and the rejection of the 4th defendant's claim as a b....
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....
The subsequent rise in price and the defendant's resistance were not valid grounds to deny the relief of specific performance. The trial court rightly exercised its discretion in granting the relief ....
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