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S. S. SUNDAR, A. A. NAKKIRAN
Karanam Venkata Subbaiah – Appellant
Versus
P. RL. Thangavel Chettiar (Died) – Respondent
JUDGMENT
A.A. Nakkiran, J.
1. The unsuccessful Plaintiffs in O.S.No.2 of 2011, on the file of the II Additional District Sessions Court, Vellore at Ranipet, have filed this Appeal Suit, against the Judgement and Decree, dated, 16.04.2015, made therein.
2. The facts in brief, which are leading to filing of this appeal and necessary for disposal of the same, are as follows:-
a. The Plaintiffs are the Appellants. The suit in O.S.No.96 of 2009, was originally filed, before the District Court at Vellore, by the Appellants against the Respondents 1 to 6 herein/ Respondents 1 to 6, seeking a judgement and decree, directing the Respondents 1 to 3, to execute a registered sale deed, after receiving the balance sale consideration from the Plaintiffs, along with the Respondents 4 and 5 or in the alternative, directing the Respondents 1 to 3 and 6 to refund the amount of Rs.30,00,000/- with interest at 18% p.a. and for permanent injunction and costs. Later, it was renumbered as O.S.No.2 of 2011 and taken on the file of the II Additional and District Sessions Court, Vellore at Ranipet.
b. During the pendency of the suit, since the 1st Defendant died on 02.08.2010, the 7th Respond
The court clarified the enforceability of sale agreements, the protection of subsequent purchasers under Section 19-b of the Specific Relief Act, and the refund of advance amounts.
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The main legal point established in the judgment is the requirement for the plaintiff to demonstrate readiness and willingness to perform an agreement of sale, and the court's discretion to consider ....
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....
A defendant who fails to file a cross-objection or cross-appeal against adverse findings in the trial court cannot challenge those findings in a second appeal to obtain a more favorable position than....
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