Back
G. K. ILANTHIRAIYAN
Lakshmi – Appellant
Versus
S. Pasuvarasu – Respondent
JUDGMENT
(Prayer: Appeal Suit filed under Section 96 of C.P.C., praying that the Judgment and Decree in O.S.No.183 of 2013 dated 29.04.2017, on the file of the Principal District Court, Namakkal, may kindly be set aside and the appeal be allowed with costs throughout.)
1. The appeal suit has been filed as against the judgment and decree dated 29.04.2017, passed by the learned Principal District Judge, Namakkal, in O.S.NO.183 of 2013, thereby dismissing the suit for specific performance.
2. The plaintiff is the appellant and the defendant is the respondent. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.
3. The suit is for specific performance. The case of the plaintiff is that the suit property belonged to the defendant. He agreed to sell the property to the plaintiff for the sale price of Rs.1,100/- per sq.ft., to the total extent of 1453½ sq.ft., comprised in survey No.30/2F-2 situated at Kondichettipatti Village, Namakkal Taluk. Accordingly, they entered into agreement for sale on 03.11.2008 and paid a sum of Rs.2,00,000/- as an advance. The time fixed for the performance of contract was three months from the date of the agreement fo
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.
The essence of time in the contract, continuous readiness and willingness, and the discretionary nature of specific performance relief.
The court established that a sale agreement not duly registered is unenforceable, and time is essential in contracts unless explicitly stated otherwise.
A sale agreement must be duly stamped and registered if it involves possession transfer; time is of the essence unless explicitly stated otherwise.
The subsequent rise in price and the defendant's resistance were not valid grounds to deny the relief of specific performance. The trial court rightly exercised its discretion in granting the relief ....
In a suit for specific performance where no time is fixed, the limitation period begins upon notice of refusal. An unregistered sale agreement is admissible under Section 49 of the Registration Act, ....
Registered sale agreements presumed genuine; admission of execution and substantial advance proves readiness for specific performance; time not essence in immovable property sales; defendants fail to....
The plaintiff's failure to file the suit within the limitation period and to prove readiness and willingness to perform the contract resulted in dismissal of the specific performance claim.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
