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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
Dinakaran(died) – Appellant
Versus
Murugan(died) – Respondent
JUDGMENT :
M. JOTHIRAMAN, J.
The unsuccessful defendants Nos.2, 3 and 5 have preferred the appeal in A.S.(MD)No.53 of 2016 against the judgement and decree dated 26.08.2015 in O.S.No.18 of 2006 on the file of the Additional District Court, Theni.
2.The unsuccessful second defendant has preferred the appeal in A.S.(MD)No.164 of 2024 against the judgement and decree dated 26.08.2015 in O.S.No.48 of 2006 on the file of the Additional District Court, Theni.
3.The unsuccessful petitioners have preferred civil revision petition in CRP.(MD)No.1372 of 2024 against the order passed in O.P.No.1 of 2010 on the file of the Additional District Court, Theni.
4.For the sake of convenience, the parties are referred as per their rank before the trial Court.
5.Brief case of the plaintiffs in O.S.No.18 of 2006 is as follows:-
The suit has been filed for specific performance and for permanent injunction. The defendants 1 to 3 have purchased suit schedule property from one Mahendren on 16.09.1997 in the name of the first defendant. The defendants 1 to 3 have agreed to sell the suit property for a sum of Rs.17,06,000/- and received a sum of Rs.2,00,000/- as advance and entered into agreement on 26.12.2005. On
The court affirmed that continuous readiness and willingness to perform a contract is essential for specific performance, and unregistered agreements can be admissible in such cases.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
The High Court cannot re-assess evidence in second appeals, focusing only on substantial questions of law while confirming findings of lower courts.
The court ruled that specific performance requires proof of intent to sell, and failure to prove such intent negates the right to enforce the agreement against the defendant.
Specific performance of contract – To avail equitable relief of specific performance, plaintiff has to establish his readiness and willingness to pay balance amount and to execute Sale Deed from date....
Specific Performance of Contract – Readiness and willingness does not mean readiness and willingness to pay or receive money but intention of parties to execute their part of Agreement from date of A....
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 a plaintiff seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, which was established in this case despite claims....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform their contractual obligations, and the agreement must be validly executed by all necessary pa....
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