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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
Lakshmi – Appellant
Versus
Kaliyavarathan – Respondent
ORDER :
Aggrieved over the judgment and decree of the trial Court granting specific performance, the present appeal came to be filed by the unsuccessful defendants.
2. The parties will be referred to as per their ranks before the trial Court.
3. Brief facts leading to filing of case is as follows:
The defendants, being the owners of the property, agreed to sell the suit property for a total sale consideration of Rs.10 lakhs and executed an agreement on 18.07.2012 by receiving a sum of Rs.4 lakhs as advance. After execution of the agreement, the defendants also received a further sum of Rs.30,000/-. Sale agreement was registered on the file of Sub-Registrar, Thirukkanur. The plaintiff was always ready and willing to purchase the suit property. The plaintiff has also informed the defendants to execute the sale deed after the receipt of remaining sale consideration. As the defendants have not come forward to execute the document, the plaintiff has issued a legal notice on 28.02.2015 calling upon the defendants to come forward to execute the sale deed. Said notice was received by the first defendant on 07.03.2015 and fourth defendant on 02.03.2015 and defendants 2 and 3 have not claimed le
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 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 registered agreement for sale is binding unless the party asserting otherwise provides credible evidence to the contrary.
The substantial pre-payment of sale consideration by the plaintiff establishes readiness and willingness for specific performance, reinforcing the enforceability of the sale agreement despite defenda....
The plaintiff must prove readiness and willingness to perform a contract under Section 16(c) of the Specific Relief Act, and failure to do so negates entitlement to specific performance.
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
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 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.
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