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R. N. MANJULA
P. N. Narasimhan Rep. by Power of Attorney Agent N. Parthasarathy – Appellant
Versus
J. Santhanam – Respondent
JUDGMENT :
Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 11.06.2015 passed by the learned Principal District Judge, Chengalpattu in A.S.No.2/2012 reversing the judgment and decree the suit in O.S.No.42 of 2006 on the file of the Additional Sub-Judge, Chengalpattu.
This Second Appeal has been filed to set aside the judgment and decree dated 11.06.2015 passed by the learned Principal District Judge, Chengalpattu in A.S.No.2/2012 reversing the judgment and decree the suit in O.S.No.42 of 2006 on the file of the Additional Sub-Judge, Chengalpattu.
2. Heard Mr.ARL.Sundaresan, learned Senior Counsel for the appellant and Mr.A.Saravanan, learned counsel for the respondent and perused the materials available on record.
3. The Appellant is the defendant. The plaintiff has filed a suit in O.S.No.42 of 2006 for specific performance of agreement of sale dated 07.12.2003. The Trial Court has refused to grant the relief of specific performance and directed the defendant to pay a sum of Rs.3,40,000/-within 6 months from the date of the decree. Aggrieved over the same, the plaintiff has preferred a First Appeal in A.S.No.02
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance; mere possession or improvements do not suffice.
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
To obtain a decree for specific performance, the plaintiff must prove continuous readiness and willingness to perform his part of the contract at all stages from the date of the agreement till the da....
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
A plaintiff in a specific performance suit must prove continuous readiness and willingness to perform their contractual obligations throughout, as mandated by Section 16(c) of the Specific Relief Act....
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
In a suit for specific performance, the plaintiff must prove readiness and willingness to perform the contract, which was not established in this case.
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