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R. N. MANJULA
G. Thandavarayan (deceased) – Appellant
Versus
A. D. Gunasekaran – Respondent
JUDGEMENT :
The deceased 1st appellant was the defendant before the Trial Court against whom the plaintiff has filed the suit for specific performance. The trial Court has decreed the suit and the appeal filed by the deceased 1st appellant was also dismissed by concurring with the judgment of the trial Court. The deceased 1st appellant has filed this second appeal challenging the judgement of the first Appellate Court. During the pendency of the second appeal, the 1st appellant died and hence his legal heirs have been brought on record as appellants 2 to 4.
2. The short facts pleaded in the plaint are as follows:
The defendant is the owner of the suit schedule property. The deceased 1st defendant has entered into a sale agreement to sell the suit property to the plaintiffs on 14.08.2006 for a sale consideration of Rs.3,33,000/-. On the same day itself, he received an advance amount at Rs.1,00,000/- and the time for completing the sale transaction was agreed at 90 days. Despite the plaintiff was ready and willing to pay the balance sale consideration, the 1st defendant did not come forward to execute the sale deed by receiving the same. On 11.09.2006 the defendant issued a notice with
A sale agreement signed by one party is valid if it evidences mutual consent, and readiness and willingness do not require specific phrasing in the plaint.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
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....
A plaintiff seeking specific performance must continuously demonstrate readiness and willingness to perform their contractual obligations; failure to do so precludes the granting of such relief.
The Plaintiff's readiness and willingness to perform the contract, as well as the Defendant's failure to prove that the sale agreement was fabricated, were crucial in the court's decision to confirm ....
Point of law: Unless a statute specifically requires a plea to be in any particular form, it can be in any form. No specific phraseology or language is required to take such a plea. The language in S....
The court affirmed that specific performance can be decreed if the plaintiff proves readiness and willingness, and the burden of proof shifts once a prima facie case is established.
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