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THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
N. Sivakumar – Appellant
Versus
B. Kavitha – Respondent
JUDGMENT :
(N. SATHISH KUMAR, J.)
Challenging the judgment and decree of the trial Court decreeing the suit filed by the plaintiff for specific performance, the present appeal has been filed by the unsuccessful defendant.
2. The parties are arrayed as per their own ranking before the trial Court.
3. It is the case of the plaintiff that the defendant agreed to sell the suit property for a total sale consideration of Rs.14 lakhs and received a sum of Rs.10 lakhs on 25.11.2013 and executed a registered sale agreement on the same day. It is admitted between the parties that the sale shall be completed within a period of 11 months from the date agreement. The plaintiff was always ready and willing to perform her part of the contract. However, the defendant postponed the registration under some pretext or other and has not come forward to execute the sale deed. The plaintiff is always ready and willing to perform her part of the contract from July 2014 onwards. As the defendant has not come forward to receive the balance sale consideration and execute the sale, a legal notice was issued to the defendant on 10.10.2014 calling upon him to perform his part of the contract. Despite receipt of l
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.
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.
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 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.
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 sale agreement is enforceable when the plaintiff proves readiness and willingness to perform, and the defendants fail to substantiate claims against the agreement.
A registered sale agreement may be deemed a loan transaction if its terms are inconsistent with a true sale, supported by the burden of proof on the party disputing its intended meaning.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform the contract, which was not established in this case.
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