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T. RAJA, D. BHARATHA CHAKRAVARTHY
Valliyathal – Appellant
Versus
P. P. Sakthivel – Respondent
JUDGMENT
D. Bharatha Chakravarthy, J.
A. The Suit:
1. The plaintiff namely P.P.Sakthivel filed the suit in O.S.No.255 of 2010 on the file of the Principal District Judge, Erode, praying for specific performance of an agreement of sale dated 28.01.2008, directing the defendants to receive the balance sale consideration of Rs.19,22,900/- and to execute a sale deed in his favour in respect of the suit schedule property and for a permanent injunction restraining the defendants from in any manner dealing with the suit schedule property or alienating it to the third parties.
B. The Case of the Plaintiff :
2. The case of the plaintiff is that the defendants are the owners of the suit schedule property, being their self-acquired property, having purchased the same by a registered sale deed dated 08.08.1972 bearing Document No.1129 of 1972. The defendants offered to sell the property to the plaintiff and the plaintiff agreed to purchase it for a total sale consideration of Rs.74,22,900/- by entering into an unregistered sale agreement on 28.01.2008. The defendants received an advance amount of Rs.15 lakhs. As per the agreement, the transaction has to be completed within a period of 90 days i.e.,
The burden of proving the execution of a document rests on the party asserting its existence. In this case, the plaintiff failed to discharge this burden, and the Court found the plaintiff's case to ....
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
The plaintiff's readiness and willingness to perform the contract, the defendants' false plea of forgery, and the impact of delay in completing the sale on specific performance.
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 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 ....
For a plaintiff to succeed in a suit for specific performance, they must prove the existence of a valid sale agreement and demonstrate continuous readiness and willingness to perform their contractua....
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
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