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R. VIJAYAKUMAR
M. Thamizharasu – Appellant
Versus
M. Krishnan – Respondent
JUDGMENT
(Prayer in CRP(MD).No.2152 of 2014: Civil Revision Petition filed under Article 227 of Constitution of India, to allow this civil revision petition thereby to set aside the fair and decreetal order dated 24.03.2014 made in I.A.No.30 of 1993 in O.S.No.356 of 1991 on the file of the First Additional Subordinate Judge, Trichirappalli and dismiss the same.)
Common Order:
1. The first defendant, defendants 3 to 11 and the legal heirs of the second defendant in O.S.No.356 of 1991 on the file of the I Additional Subordinate Court, Tiruchirappalli are the petitioners in all the revision petitions.
2. The first respondent in the revision petition had filed O.S.No. 356 of 1991 for the relief of recovery of money towards refund of advance amount arising out of a sale agreement dated 12.12.1987. According to the plaintiff, he entered into an agreement on the above said date with the defendants who are the promoters and share holders of Sri Rangaraja Private Limited, Srirangam. The plaintiff had further pointed out that all the share holders of the said private limited company are the family members and they have agreed to transfer their shares to the plaintiff and the defendants have been
Once a party claims refund of advance amount, the prayer for specific performance cannot be reintroduced through amendment of the plaint.
Section 22 of the Specific Relief Act permits amendments to include claims for refund of earnest money at any stage, overriding limitations in the CPC.
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....
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....
Section 22 of the Specific Relief Act allows the plaintiff to seek the refund of earnest money or deposit at any stage of the proceeding and overrides the Code of Civil Procedure in permitting amendm....
A party's demand for the return of an advance payment and compensation can be interpreted as an abandonment of the right to seek specific performance of a contract, negating the requirement for conti....
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