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V. LAKSHMINARAYANAN
R. Panneerselvam – Appellant
Versus
Dharuman – Respondent
JUDGMENT :
V. LAKSHMINARAYANAN, J.
Prayer: Second Appeal filed under Section 100 of CPC against the judgment and decree of the learned Subordinate Judge of Harur dated 20.09.2012 in A.S. No. 22 of 2012 confirming the judgment and decree of the learned District Munsif of Harur dated 25.11.2011 in O.S No. 343 of 2006.
1. The present second appeal arises out of a judgment and decree of the Court of Subordinate Judge at Harur in A.S. No. 22 of 2012 dated 20.09.2012 in confirming the judgment and decree of the Court of District Munsif at Harur in O.S. No. 343 of 2006 dated 25.11.2011.
2. O.S. No. 343 of 2006 is a suit for specific performance of an agreement for sale dated 28.10.2005. The case of the plaintiff is that his son, Dharuman, 1st defendant had agreed to sell the suit schedule mentioned property for a sum of Rs. 60,000/-. To that effect they entered into an agreement for sale on 28.10.2005 and the same was registered. On the basis of this agreement, a sum of Rs. 50,000/- was paid as advance leaving a balance of Rs. 10,000/-. It was agreed that the balance amount will be paid and the sale deed will be registered. The time period granted under the agreement was one year.
3. According
The central legal point established in the judgment is the requirement to demonstrate readiness and willingness for specific performance, as well as the application of Section 92 of the Evidence Act,....
The main legal point established in the judgment is the failure of the lower Appellate Court to fulfill the mandate under Order XLI Rule 31 of C.P.C., leading to the setting aside of the judgment and....
Specific performance denied for lack of continuous readiness proof and evidence of agreement as loan security.
Specific performance of contracts is upheld if executed agreements are supported by consistent and credible testimony, with the burden on the denying party to prove invalidity.
The High Court cannot re-assess evidence in second appeals, focusing only on substantial questions of law while confirming findings of lower courts.
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