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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
R. Mani – Appellant
Versus
S.Manickam – Respondent
J U D G M E N T
Challenging the judgment and decree of the Trial Court, decreeing the suit for specific performance, the unsuccessful defendant has filed the present appeal before this Court.
2. The parties are arrayed as per their own ranking before the Trial Court.
3. The case of the plaintiff is that the defendant agreed to sell the property for a total sale consideration of Rs.24,60,000/- and received an advance amount of Rs.2,50,000/- on 10.01.2008 and executed an agreement in favour of the plaintiff. It was agreed between the parties that the remaining sale consideration would be paid within a period of 90 days. The plaintiff was ready and willing to perform his part of contract. Pursuant to the agreement, further sum of Rs.10,00,000/- has also been paid towards balance sale consideration on 28.03.2008 and therefore, the plaintiff had to pay only Rs.12,00,000/-, for which, he was always ready and willing.
4. It is further case of the plaintiff that the defendant has delayed the execution of the sale even after receipt of the balance sale consideration and therefore, the plaintiff issued a legal notice on 24.04.2009. The defendant has also sent a reply, expressing his readiness to
The court affirmed that a plaintiff's readiness and willingness to perform a contract must be evaluated based on conduct, and an assignment of rights does not negate the right to seek specific perfor....
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
The court affirmed that a registered agreement for sale is binding unless the party asserting otherwise provides credible evidence to the contrary.
Registered agreements do not guarantee specific performance; plaintiffs must demonstrate readiness and willingness to perform the contract along with valid intent.
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 plaintiff must continuously prove readiness and willingness to perform a contract to be entitled to specific performance, as per Section 16(c) of the Specific Relief Act.
Agreement to Sell – Continuous willingness on part of plaintiff is condition precedent to grant relief of specific performance.
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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