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C. V. KARTHIKEYAN
Jettybai Ammal (Died) – Appellant
Versus
Mohammed Hasan Sahib – Respondent
JUDGMENT
(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 12.2.2004 and made in A.S.No. 90 of 2001 on the file of the Principal District Court, Villupuram District, Villupuram confirming the Judgment and Decree dated 24.08.2000 and made in O.S.No. 337 of 1980 on the file of Principal Subordinate Court, Tindivanam.)
1. The plaintiffs/legal representatives of the plaintiff in O.S.No. 337 of 1980 on the file of the Principal Sub Court at Tindivanam are the appellants herein.
2. The suit in O.S.No. 337 of 1980 had been filed by M.C.Dharmachand Gulocha originally against nine defendants, seeking a direction against the defendants to execute a sale deed with respect to the suit property in favour of the plaintiff by enforcing an oral agreement dated Nil August 1979 and to receive the balance sale consideration and on such failure for the Court to execute the sale deed in favour of the plaintiff and to deliver the suit property to the plaintiff and also for costs of the suit.
3. The property as given in the schedule to the plaintiff was situated in Tindivanam in Mariamman Kovil Street in Grama Natham S.No. 63/1, being land a
The burden was on the plaintiff to prove readiness and willingness to perform the essential terms of the contract. The plaintiff failed to establish his readiness to discharge the debts of the defend....
The main legal point established is that an oral agreement of sale can be enforced through specific performance if the requirements under the law are met, and that a sale deed obtained by misrepresen....
Existence of a concluded oral agreement for sale, as evidenced by the preparation of a regular registered sale deed and the agreed sale consideration, is crucial in a specific performance case. Defen....
Point of law: specific performance of oral Agreement of sale – Not proved - In a case of specific performance of contract, a greater degree of certainty is required and it demands a clear, definite a....
An oral agreement is valid for specific performance if made with free consent and lawful consideration, separate causes of action do not bar subsequent suits.
The court held that a plaintiff must prove readiness and willingness in specific performance claims, and doubts regarding the authenticity of an agreement can lead to dismissal.
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 affirmed that specific performance can be granted when the execution of the sale agreement is proven and the plaintiff demonstrates readiness and willingness to perform their contractual ob....
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