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S. M. SUBRAMANIAM
Sivasankaran – Appellant
Versus
Saravanan – Respondent
JUDGMENT :
The present Appeal Suit has been instituted against the judgment and decree dated 04.01.2022 passed by the Special Court for Trial Cases under SC/ST (PoA)-cum-Principal District Judge at Cuddalore in OS No.74 of 2019.
2. The appellant is the defendant and the respondents are plaintiffs in the suit.
3. The respondents herein instituted the suit for specific performance based on the Sale Agreement dated 20.09.2018.
4. The plaint averments reveal that the defendant is the owner of the suit property. The defendant offered to sell the suit property for a sale consideration of Rs.21 lakhs and received a sum of Rs.20 lakhs on 20.09.2018 as advance and registered an Agreement in favour of the plaintiffs on the file of the Joint I Sub Registrar Office vide document No.2899 of 2018.
5. As per the terms of the Agreement, the period to perform the contract was six months i.e., from 20.09.2018 to 19.03.2019. If the plaintiffs fail to pay the balance amount of Rs.1 lakh within six months and register the Sale Deed, they have to loose the advance amount of Rs.20 lakhs. If the defendant fails to execute the Sale Deed within the time limit stipulated, the plaintiffs are at liberty to file a s
Specific performance denied for lack of continuous readiness proof and evidence of agreement as loan security.
The court clarifies that subsequent conduct indicating unwillingness to perform a contract negates entitlement for specific performance, necessitating a return of advance amounts instead.
The failure to prove the non-execution of a sale deed is detrimental to the appeallant's case.
The court can grant alternative relief of refund even if not explicitly claimed, ensuring fair justice is delivered in contract disputes.
The court ruled that mere proof of signature does not establish the execution of a sale agreement if fabrication is probable, thus denying specific performance.
In suits for specific performance, plaintiffs must prove the agreement's genuineness and continuous readiness to perform, particularly when execution is disputed.
Validity of the sale agreement and readiness of the plaintiff to perform the contract.
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