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R. SAKTHIVEL
A. Pazani – Appellant
Versus
R. Nagarajan – Respondent
JUDGMENT :
R.Sakthivel, J.
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated August 23, 2018 passed in A.S.No.10 of 2014 by the Additional District Court, Tiruvannamalai, whereby the Judgment and Decree dated December 10, 2012 passed in O.S.No.130 of 2008 by the Subordinate Court, Arani at Tiruvannamalai District was reversed.
This Second Appeal is directed against the Judgment and Decree dated August 23, 2018 passed in A.S.No.10 of 2014 by the 'Additional District Court, Tiruvannamalai' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated December 10, 2012 passed in O.S.No.130 of 2008 by the ‘Subordinate Court, Arani at Tiruvannamalai District' ['Trial Court' for brevity] was reversed.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
PLAINTIFF'S CASE
3. The Suit Property belongs to first defendant vide Sale Deed dated April 19, 2002. The second defendant is first defendant’s son.
The plaintiff and the defendants entered into Sale Agreement dated October 6, 2008, whereby the defendants agreed to sell the Suit Prop
The court ruled that doubts surrounding the authenticity of a Sale Agreement preclude the granting of specific performance, emphasizing the plaintiff's burden to prove the agreement's validity.
Presumption of refund arises when original sale documents are returned; burden lies on plaintiff to prove consideration not refunded and possession for specific performance under unregistered sale ag....
The plaintiff's failure to prove readiness and willingness to perform the contract precludes specific performance, but the first defendant must return the advance amount with interest.
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....
The central legal point established in the judgment is the requirement for a party seeking specific performance to prove the execution of the sale agreement and demonstrate readiness and willingness ....
The plaintiff's failure to prove the execution of the sale agreement and her readiness and willingness for specific performance, along with the defendant's established possession and enjoyment of the....
Point of law: When cancellation may be ordered - (1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding ma....
The court affirmed that specific performance can be granted when the execution of the sale agreement is proven and the plaintiff demonstrates readiness and willingness to perform their contractual ob....
The judgment establishes that specific performance can be granted when the plaintiff proves the execution of the contract and demonstrates readiness and willingness to perform, despite the defendant'....
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