P. VELMURUGAN
M. Govindasamy(died) – Appellant
Versus
N. Muthusamy(died) – Respondent
JUDGMENT :
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code, 1908 against the judgment and decree made in O.S.No.54 of 2004, dated 31.3.2007, on the file of District Judge, Karur.
The Appeal Suit is directed against the judgment and decree made in O.S.No.54 of 2004, dated 31.3.2007, on the file of District Judge, Karur.
2. The appellants 1 to 3 are the defendants and the deceased first respondent was the plaintiff in O.S.No.54 of 2004, on the file of District Judge, Karur. The respondents/Plaintiffs filed a suit for specific performance against the appellants/defendants. After trial, the trial Court found that the respondents/plaintiffs are entitled to get the relief of specific performance and decreed the suit. Challenging the said judgment and decree passed by the trial Court, the present appeal suit has been filed.
3. The brief facts of the plaint reads as follows:
The appellants 1 to 3 herein are the defendants. The first defendant is the father of the second and third defendants. As per the partition deed, dated 3.9.1987, the suit properties belongs to the defendants. The defendants in the suit agreed to sell the suit properties to the plaintiff for a sale con
The admissibility of oral evidence to contradict the terms of a written agreement under Section 92 of the Evidence Act and the requirement of continuous readiness and willingness in specific performa....
A registered sale agreement may be deemed a security for a loan if supported by credible evidence, thereby negating specific performance claims under Indian Evidence Act sections.
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 court emphasized the importance of proving the genuineness of a sale agreement and the readiness and willingness of the plaintiff in a specific performance case.
Substantial payment by the vendee is a robust factor in favor of granting specific performance.
The plaintiff must prove the genuineness of the agreement for sale, establish readiness and willingness to perform the contract, and file suit within a reasonable time for specific performance.
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.