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G. JAYACHANDRAN, K. K. RAMAKRISHNAN
J. Suniram – Appellant
Versus
M. Razia Beham – Respondent
JUDGMENT
(Prayer: First Appeal filed under Section 96 of C.P.C., to allow the above Appeal filed by the appellant and consequently, set aside the judgment and decree of dismissing the suit in O.S.No.95 of 2009, on the file of the Additional District-cum- Sessions Judge, Dindigul, dated 20.09.2012 with cost.
Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 14.02.2013, made in O.S.No.95 of 2009, on the file of the Additional District and Sessions Judge, Dindigul.)
Common Judgment
DR. G. Jayachandran, J.
1. Appeal Suit(MD)No.10 of 2013 filed by the plaintiff being not satisfied with the judgment and decree passed on 20.09.2012, in O.S.No.95 of 2009, on the file of Additional District and Sessions Court, Dindigul.
2. For the sake of convenience, the parties are described as per description in the suit.
3. The suit for specific performance of the unregistered sale agreement, dated 12.02.2008 or in alternate to refund the advance of Rs.10,00,000/- with interest was partly allowed by the trial Court, directing the defendants to refund the advance money of Rs.10,00,000/- with litigation costs of Rs.4,14,903/- within one month.
4. According to th
The plaintiff must prove their readiness and willingness to perform the contract in order to be entitled to specific performance. A subsequent suit for specific performance is barred if the plaintiff....
The plaintiff must show continuous readiness and willingness to perform the contract for specific performance, and failure to do so can result in the dismissal of the relief.
Proof of sale agreement and advance insufficient for specific performance without continuous readiness and willingness under Section 16(c); denying contract precludes forfeiture; additional appellate....
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....
The plaintiff's readiness and willingness to perform the contract, the capacity to mobilize funds, and the mental attitude to purchase the property are essential for specific performance.
The plaintiff seeking specific performance must demonstrate readiness and willingness to perform the contract, and the court must consider the hardship on the defendants. Additionally, agreements inv....
The burden of proof lies on the party disputing the validity of a written contract, and the conduct of the parties and the plaintiff's readiness and willingness are essential for specific performance....
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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