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THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
V. Patteswaran – Appellant
Versus
E. Jayanthi – Respondent
JUDGMENT :
(N. SATHISH KUMAR, J.)
These two appeals have been filed arising out of the same judgment in O.S.No.359 of 2016 dated 22.12.2023.
2. The parties are arrayed as per their own ranking before the trial Court.
3. The suit has been originally filed by the plaintiff for specific performance to enforce the contract dated 13.11.2014 executed by the defendant for sale of the property for a total sale consideration of Rs.15 lakhs.
4. It is the case of the plaintiff that on the date of agreement a sum of Rs.13 lakhs advance has been paid and it is agreed between the parties that the sale shall be completed within a period of 11 months. The plaintiff was already ready and willing to perform his part of the contract. On 03.06.2015, the plaintiff approached the defendant for completing the sale. The defendant was not ready on that date and at her request registration was fixed on 15.06.2015 However on 14.06.2015, the defendant informed that she is not in station therefore, she was unable to perform her part of the contract. Therefore, legal notice has been issued on 28.09.2015 The plaintiff is always ready and willing to perform his part of the contract.
5. It is the stand of the defendant
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 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.
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 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.
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
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.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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