C. V. KARTHIKEYAN
Janaki Ammal – Appellant
Versus
Amsaveni – Respondent
JUDGMENT
(Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S.No.27 of 1999 on the file of the Principal District Judge, Vellore, confirming the judgment and decree made in O.S.No.137 of 1986 dated 30.11.1998 on the file of the Sub Court, Vellore.)
1. The 6th defendant in O.S. No. 137 of 1986 on the file of the Sub Court, Vellore is the appellant herein.
2. O.S. No. 137 of 1986 had been filed by G.R. Ethiraj, whose legal representatives are the 3rd to 7th respondents in the second appeal, originally against Padmavathi Ammal, who died pending the suit and whose legal representatives had been impleaded as 4th and 5th defendants, Amsaveni and Saroja, the 1st and 2nd respondents in the second appeal, and against T.M. Govindasami Mudaliar, who also died pending the suit, without leaving behind any legal representative and against T.M. Thiruvengada Mudaliar, whose wife was later impleaded as the 6th defendant, the appellant herein, seeking performance of an agreement of sale dated 06.06.1983 with respect to the property described in the ‘A’ Schedule to the plaintiff, namely, 2.56 ¾ acres of land in S. Nos. 714/59, 714/51 and 714./46 in Katpa
The main legal point established in the judgment is that the specific performance of an agreement of sale may be justified by the obligation to perform certain actions beyond the payment of considera....
The main legal point established in the judgment is that time can be considered the essence of a contract based on the intention of the parties, as evidenced by the agreement, pleadings, and evidence....
Agreement to sell – A vendee who failed to prove his readiness and willingness to perform his part of obligations is disentitled from seeking specific performance.
The main legal point established in the judgment is that the appellant's failure to demonstrate readiness and willingness to perform his part of the contract resulted in the denial of specific perfor....
The plaintiffs must prove their readiness and willingness to perform their part of the contract in order to be entitled to the relief of specific performance.
The Plaintiff must prove continuous readiness and willingness to perform a contract for specific performance, and time can be made of the essence through express terms or circumstances.
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.
Time is an essence of the contract in specific performance cases, and plaintiffs must prove continuous readiness and willingness to perform their obligations.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.