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N. SATHISH KUMAR
Haja Mydeen (Died) – Appellant
Versus
K. S. Sanjayan – Respondent
JUDGMENT :
PRAYER: This Appeal Suit is filed under Section 96 of C.P.C. against the judgment and decree dated 04.01.2001 made in O.S.No.260 of 1994 on the file of the Additional Subordinate Judge, Nagercoil.
Aggrieved over the decree and judgment of the trial Court granting specific performance in respect of the suit properties, the present appeal came to be filed by the first defendant. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.
2. The first defendant is the owner of the suit properties and he has agreed to sell the same to the plaintiffs 1 and 2 and second defendant for a sale consideration of Rs.4,00,000/- and executed a registered sale agreement on 07.07.1993 and received Rs.3,00,000/- advance on the same date of agreement. Time agreed for completion of sale is one year. On 04.07.1994, the first defendant, received another One Thousand Rupees towards sale consideration and made endorsement and agreed to execute sale deed before the end of the August 1994. The plaintiffs 1 and 2 and the second defendant were ready and willing to perform the part of the contract and pay sale consideration. However, the first defendant
Specific performance requires continual readiness and willingness to fulfill contractual obligations; consent from co-owners must be secured for the contract to be enforceable.
The continuous readiness and willingness of the plaintiff to perform her part of the contract is a condition precedent to grant the relief of specific performance.
The main legal point established in the judgment is that a suit for specific performance can be filed only against the persons who have entered into a sale agreement, and the necessity of parties in ....
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) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
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....
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