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C. V. KARTHIKEYAN
Mohammed Yahya (died) – Appellant
Versus
Kottakuppam Town Dravida Munnetra Kazhagam, Rep. by its Secretary, Shanmugam, Vanur Taluk – Respondent
JUDGMENT
(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 30.01.2003 made in A.S.No. 161 of 2002 on the file of the Additional District, FTC- 1, Tindivanam reversing the Judgment and Decree dated 20.09.1996, and made in O.S.No. 52 of 1995 on the file of District Munsif-cum-Judicial Magistrate, Vanur.)
1. The second and third defendants in O.S.No. 52 of 1995 on the file of the District Munsif cum Judicial Magistrate Court, Vanur are the appellants herein.
2. The suit in O.S.No. 52 of 1995 had been filed by the Kottakuppam Town Dravida Munnetra Kazhagam represented by its Secretary Shanmugam and by N.Shankar, Building Fund President, Kottakuppam Village, Vanur Taluk against Hazimunniza and against the appellants herein, Mohammed Yahya and R.Gani, seeking specific performance of an oral agreement of sale dated 11.10.1981 said to have been entered into by the first defendant Hazimunniza with them. The said suit had been tried along with an earlier suit filed by the same plaintiffs against the same defendants in O.S.No. 14 of 1995. In that suit, the relief sought was for a declaration that the plaintiffs were the tenants
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....
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....
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....
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....
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.
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
The main legal point established is that under the Indian Evidence Act, the provisos to Section 92 allow for the use of oral evidence to contradict a document, and establishing readiness and willingn....
Point of law: When cancellation may be ordered - (1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding ma....
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