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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.SIVAGNANAM, J
Ramachandiran – Appellant
Versus
E.ganesh – Respondent
JUDGMENT :
Aggrieved over the Judgement and Decree dated 04.10.2017 made in O.S.No.32 of 2012 by the Principal District Judge, Vellore, the defendants have preferred the appeal suit.
2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.
3. Suit for specific performance of contract, Permanent injunction and alternative relief of return of advance amount.
4. The defendants in O.S.No.32 of 2012 on the file of the Principal District Court, Vellore, are the appellants herein.
5. The plaintiff's case is as follows:
The Plaintiff filed the suit for specific performance to be enforced against the defendants as per the terms of a sale agreement released to an immovable property. Since the plaintiff is a businessman which entails frequent trips to other places, he had appointed an attorney by name Arumugam S/o. P.K. Nagappan, through a deed of special power of attorney to enable the attorney to prosecute the train in this case since he is conversant with all facts of this case. The Plaintiff entered into an agreement with the defendants on 02.07.2008 to purchase their immovable property for a total sale consideration of Rs.15,62,000/-. This sale agre
Time is not of the essence in a contract for sale of immovable property if the seller accepts late payments, indicating a waiver of the stipulated time frame.
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(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
The Plaintiff must prove continuous readiness and willingness to perform a contract for specific performance, and time can be made of the essence through express terms or circumstances.
Point of law: fixation of period within which the contract has to be performed, does not make the stipulation as to time the essence of the contract. Where the contract relates to sale of immovable p....
Time is of the essence in contracts for sale of immovable property; failure to act within stipulated time undermines claims for specific performance.
Time is not automatically the essence of a contract unless expressly stated; the plaintiff's readiness and willingness to perform must be established.
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