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R. SUBRAMANIAN, R. KALAIMATHI
R. Rajathi – Appellant
Versus
S. Kanagarajan – Respondent
JUDGMENT
(Prayer: Appeal is filed under Section 96 r/w Order 41 Rule 1 of Civil Procedure Code to set aside the judgment and decree dated 26.04.2017 made in O.S.No.79 of 2012 on the file of the learned III Additional District Judge, Coimbatore.)
R. Kalaimathi, J.
Challenge is made by the defendants against the judgment and decree passed in O.S.No.79 of 2012 dated 26.04.2017 on the file of III Additional District Court, Coimbatore.
2. The suit was filed for specific performance relating to the suit sale agreement dated 28.08.2011 or in the alternate, for a direction to the defendants to pay a sum of Rs.5,28,127/- together with interest at the rate of 12% per annum on Rs.5,00,000/- being the advance amount paid to the defendants from the date of suit till the date of realisation, besides a charge decree over the suit property.
3. The Trial Court has decreed the suit, directed the defendants to execute and register a sale deed in favour of the plaintiff, as per the sale agreement dated 28.08.2011 and to deliver possession of the suit property, after receiving the balance sale price, granting two months time for registering the sale deed. Aggrieved of the same, defendants are on appeal.
4. A
The main legal point established in the judgment is that the suit property must be clearly identified and have specific boundary details in the agreement for the contract to be enforceable.
The plaintiff's readiness and willingness to perform the contract within the prescribed time is crucial for the enforceability of a sale agreement.
The judgment emphasizes the importance of readiness and willingness to perform a contract in specific performance cases, and highlights the requirement for clear and unambiguous agreements in propert....
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 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....
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 ....
Point of law: Absence of any material, that the plaintiff had exercised undue influence in obtaining the sale agreement from the defendant at the time of the alleged loan transaction.
An agreement of sale signed by vendor alone and delivered to purchaser, and accepted by the purchaser, has always been considered to be a valid contract. In the event of breach by the vendor, it can ....
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