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ABDUL QUDDHOSE
M. Krishnan – Appellant
Versus
C. Jawahar – Respondent
JUDGMENT :
Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 15.06.2016 passed in A.S.No.78 of 2015 on the file of the Principal District Judge, Tirunelveli, confirming the judgment and decree dated 24.03.2015 passed in O.S.No.136 of 2012 on the file of the Additional Sub Court, Tirunelveli by allowing this Second Appeal.
This Second Appeal has been filed challenging the concurrent findings of the Courts below. The defendant in the suit O.S.No.136 of 2012 on the file of the Additional Sub Court, Tirunelveli is the appellant herein. The respondent is the plaintiff in the said suit.
2. The suit was filed for specific performance of an agreement of sale dated 21.02.2007 and the extension agreement dated 25.06.2009 entered into between the plaintiff and the defendant. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.
3. The defendant is the owner of the suit schedule property measuring 17 Acres and 19 cents in Survey Nos.1471/B/1B and 1472/2B, Gangaikondan Village, Tir
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.
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
To obtain a decree for specific performance, the plaintiff must prove continuous readiness and willingness to perform his part of the contract at all stages from the date of the agreement till the da....
(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
The plaintiff was always ready and willing to perform her part of the contract, and the defendants failed to prove that the plaintiff lacked the financial capacity to pay the balance sale considerati....
Specific performance can be granted when the buyer has made substantial payments and the seller's refusal to execute the sale deed is unjustified, even if specific issues on readiness and willingness....
(1) Specific performance – Ordinary rule is that specific performance should be granted – It ought to be denied only when equitable considerations point to its refusal and circumstances show that dam....
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