IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. N. MANJULA
Vimala – Appellant
Versus
Kandasamy – Respondent
JUDGMENT :
This Second Appeal has been filed to set aside the judgment and decree dated 22.11.2011 rendered in A.S.No.167 of 2004 on the file of the Principal District Judge, Coimbatore, confirming the decree and the judgment dated 30.01.2003 rendered in O.S.No.830 of 1990 on the file of the subordinate Judge, Coimbatore.
2. Heard Mr.S.Subbiah, learned Senior Counsel for the appellant and Mr.S.Mukunth, learned Senior Counsel for R1 and perused the materials available on record.
3. The second defendant is the appellant. The first respondent / plaintiff has filed a suit seeking for a relief of specific performance against the defendants 1 and 2. During the pendency of the suit, the first defendant died and hence, her legal heirs have been impleaded as defendants 3 to 5. The second defendant is a subsequent purchaser from the first defendant. Therefore, she has also been impleaded as a party to the suit. The Trial Court has decreed the suit and in the First Appeal preferred by the second defendant, the First Appellate Court has dismissed the First Appeal and confirmed the judgment and decree of the Trial Court. Aggrieved over the same, the second defendant has preferred this Second Appea
Lala Durga Prasad and another Vs. Lala Deep Chand and Others
His Holiness Acharya Swami Ganesh Dassji Vs. Sita Ram Thapar
The plaintiff must establish continuous readiness and willingness to perform a contract to be entitled to specific performance under Section 16(c) of the Specific Relief Act.
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
The main legal point established in the judgment is the requirement for the plaintiff to prove the execution of the agreement of sale, payment of consideration, and continuous readiness and willingne....
Specific Performance of Contract – Readiness and willingness does not mean readiness and willingness to pay or receive money but intention of parties to execute their part of Agreement from date of A....
Specific performance of contract – To avail equitable relief of specific performance, plaintiff has to establish his readiness and willingness to pay balance amount and to execute Sale Deed from date....
The continuous readiness and willingness of the plaintiff to perform her part of the contract is a condition precedent to grant the relief of specific performance.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
The central legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness for specific performance, as well as the availability of the def....
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
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