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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
G.Kasturi Ammal (Died) – Appellant
Versus
K.Balaji – Respondent
JUDGMENT :
Challenging the decree and judgment of the Trial Court decreeing the suit for specific performance, the present appeal came to be filed by the second defendant.
2. Brief facts leading to filing of the case is as follows:
2.a. The defendants have executed an agreement of sale of suit property on 23.11.2006 for a total sale consideration of Rs.6,00,000/- and received a sum of Rs.2 lakhs as advance and agreed to complete the sale on or before 23.03.2007. Therefore, the plaintiff has to pay remaining sale consideration of Rs.4 lakhs, however, the defendants have not come forward to execute the sale deed. Hence, the plaintiff issued a legal notice on 08.03.2007 to the deceased first defendant, in the meanwhile, the first defendant tried to alienate the suit property, hence, plaintiff had filed a suit in O.S.No.123 of 2007 for permanent injunction not to alienate the suit property. Thereafter, the present suit has been filed.
2.b. In the written statement, it is the contention of the first defendant that the agreement was not intended for sale of property and alleged legal notice has not been sent to her. It is the stand of the first defendant that as the remaining balance sale co
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.
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
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 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 importance of establishing readiness and willingness from the inception of a contract in specific performance cases.
Registered agreements do not guarantee specific performance; plaintiffs must demonstrate readiness and willingness to perform the contract along with valid intent.
Plaintiff's entitlement to specific performance established by demonstrating continuous readiness and willingness under the Specific Relief Act, irrespective of delays or signature mismatches.
A plaintiff must prove both readiness and willingness to perform a contract for specific performance to be granted; failure to establish either element results in dismissal of the claim.
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
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