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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
Purusothaman – Appellant
Versus
Shanmugam (Died) – Respondent
JUDGMENT :
A challenge has been made to the judgment and decree of the Trial Court, dismissing the suit for specific performance and granting only the alternative relief of directing the defendant to pay a sum of Rs.10,00,000/- with interest @ 9% from the date of agreement dated 04.01.2018 till the date of judgment and decree and thereafter, with interest @ 6% till the date of realization.
2. Notice to the respondents/defendants is dispensed with, as no adverse judgment is going to be rendered against them. The main case is taken up for final disposal at the admission stage itself.
3. The parties are arrayed as per their own ranking before the Trial Court.
4. It is the case of the plaintiff that the defendant had agreed to sell the suit property for a total sale consideration of Rs.12,00,000/- and executed a registered sale agreement dated 04.01.2018. On the date of agreement, a sum of Rs.10,00,000/- had been paid by the plaintiff to the defendant and it was agreed between the parties that the sale should be completed within a period of two years from the date of agreement on payment of the remaining sale consideration of Rs.2,00,000/-. Despite repeated demands, the defendant has not c
Registered agreements do not guarantee specific performance; plaintiffs must demonstrate readiness and willingness to perform the contract along with valid intent.
The court affirmed that a registered agreement for sale is binding unless the party asserting otherwise provides credible evidence to the contrary.
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
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....
The plaintiff must demonstrate readiness and willingness from the inception of the contract to be entitled to specific performance; mere existence of a registered agreement is insufficient.
A party seeking specific performance must prove both readiness and willingness to perform the contract, which cannot be established merely by the existence of a registered agreement.
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.
Plaintiffs must prove readiness and willingness for specific performance; financial capacity may be demonstrated through means to secure funds, not necessarily possession of cash.
The court affirmed that a sale agreement is enforceable when the plaintiff proves readiness and willingness to perform, and the defendants fail to substantiate claims against the agreement.
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