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R. SUBRAMANIAN, R. SAKTHIVEL
Syed Akbar (Died) – Appellant
Versus
V. Thilagar Madasamy – Respondent
JUDGEMENT :
R.Subramanian, J.
The defendant in OS No.7875 of 2010 on the file of the XVII Additional City Civil Court, Chennai, is on Appeal, challenging the decree for specific performance granted in the said suit. The parties will be referred to as per their rank in the suit for conviniance.
2. According to the plaintiff, the defendant agreed to sell the suit property viz. the super structure and the lease hold rights over the land belonging to a waqf under the suit agreement dated 12.10.2007 for a total consideration of Rs.11,75,00,000/-. A sum of Rs.1,00,000/- was paid as contract. The plaintiff caused a notice to be issued on 19.03.2008 demanding performance expressing his readiness and willingness to perform his part of the contract.
3. The defendant sent a reply on 04.04.2008 claiming that the Agreement is not valid and the same was extracted when the defendant was not in a proper and fixed state of mind and health. It is also claimed that he was in a severe state of mental shock due to an auction notice received from the Government approved auctioneers at the instance of his creditors which fixed the date of auction on 12.10.2007.
4. The defendant further averred that he was not
The agreement for sale of waqf property was rendered void due to statutory prohibitions, making the decree for specific performance unenforceable.
It is settled law that if a person executes an agreement to sell property, vendor is not entitled to put forward, in a suit for specific performance by purchaser defence that vendor had no title.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
Specific performance can be granted despite preliminary legal requirements if conditions do not amount to an absolute prohibition under applicable law.
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
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