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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
Pakiyalakshmi – Appellant
Versus
Danalakshmi – Respondent
JUDGMENT :
Challenging the decree and judgment passed in the suit filed for specific performance, the present appeal suit has been filed.
2. The parties are arrayed as per their own ranking before the trial Court.
3. It is the case of the plaintiff that she came to know through brokers that the defendant is going to sell the suit property. Accordingly, the plaintiff approached the defendant and the defendant agreed to sell the suit property for a total sale consideration of Rs.21 lakhs. The plaintiff had paid an advance of Rs.10 lakhs in instalments in the presence of witnesses. Thereafter, the suit agreement came to be registered on 28.10.2010. The defendant prayed one year time to execute the sale deed by producing all the parent deeds, patta, encumbrance certificate in respect of the suit property. The balance sale consideration to be paid in such time. Despite the defendant has agreed to hand over all the documents, he has not handed over the documents and defendant started adopting delaying tactics. Thereafter, the plaintiff came to know that the defendant is trying to sell the property to some other person. Therefore, the plaintiff had issued legal notice to the defendant callin
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.
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
The court affirmed that a registered agreement for sale is binding unless the party asserting otherwise provides credible evidence to the contrary.
The Plaintiff's readiness and willingness to perform the contract, as well as the Defendant's failure to prove that the sale agreement was fabricated, were crucial in the court's decision to confirm ....
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
Registered agreements do not guarantee specific performance; plaintiffs must demonstrate readiness and willingness to perform the contract along with valid intent.
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....
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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