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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
S.Sakthivel – Appellant
Versus
Dhananchejhian – Respondent
JUDGMENT :
Challenging the decree and judgment of the trial Court decreeing the suit for specific performance, the present appeal has been filed by the unsuccessful defendants.
2. The parties are arrayed as per their own ranking before the trial Court.
3. The case of the plaintiff is that the defendants had executed an agreement for sale of the property and the agreement has also been registered for a total sale consideration of Rs. 15 lakhs on 19.11.2011 and received a sum of Rs.4 lakhs as an advance on the same day. It is agreed between the parties that the sale shall be completed within a period of 24 months. The plaintiff is always ready and willing to purchase property and approached the defendants repeatedly to produce original title deeds. However, the defendants have not produced the original documents. Therefore, the plaintiff issued a legal notice on 21.08.2023 which has been replied by the defendants contending that it is only a loan transaction. Hence, the suit.
4. It is the contention of the defendants that one Elumalai has borrowed a sum of Rs.4 lakhs under a promissory note dated 03.10.2011 from the plaintiff agreeing to return the said amount within a period of 24 month
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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.
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 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.
The importance of establishing readiness and willingness from the inception of a contract in specific performance cases.
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
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