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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms Justice R.N.MANJULA
Varadan – Appellant
Versus
Govindasamy (Deceased) – Respondent
JUDGMENT :
This Second Appeal has been filed to set aside the judgment and decree dated 31.01.2011 passed in A.S.No.98 of 2008 on the file of the Principal District Judge, Thiruvallur reversing the judgment and decree dated 29.08.2008 passed in O.S.No.4 of 2007 on the file of the Subordinate Judge, Poonamallee.
2. The appellants are the plaintiffs. The suit has been filed by the plaintiffs for specific performance against the deceased defendant and that has been decreed by the Trial Court. However, on the First Appeal preferred by the legal heirs of the deceased defendant, the First Appellate Court has allowed the First Appeal and reversed the judgment and decree of the Trial Court. Aggrieved over the same, the plaintiffs have filed this Second Appeal.
3. Heard Mr.N.Sridhar, learned counsel for the appellants and Mr.C.T.Mohan, learned Senior Counsel for R2 to R6 and Mrs.P.Radhika, learned counsel for R7 to R9 and perused the materials available on record.
4. The short facts pleaded in the plaint are as under:
The suit property was originally belonged to the deceased defendant. On 12.08.2004, the first plaintiff and his deceased brother Rangan have entered into a sale agreement with the
Discretionary relief in specific performance cases must consider readiness, willingness, and circumstances of coercion, balancing hardship for both parties.
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....
The High Court cannot re-assess evidence in second appeals, focusing only on substantial questions of law while confirming findings of lower courts.
The court ruled that specific performance requires proof of intent to sell, and failure to prove such intent negates the right to enforce the agreement against the defendant.
Procedural fairness requires the opportunity to cross-examine witnesses concerning additional evidence; failure to do so violates litigative rights.
Point of law: Absence of any material, that the plaintiff had exercised undue influence in obtaining the sale agreement from the defendant at the time of the alleged loan transaction.
The judgment establishes that specific performance can be granted when the plaintiff proves the execution of the contract and demonstrates readiness and willingness to perform, despite the defendant'....
The court affirmed that specific performance can be granted when the execution of the sale agreement is proven and the plaintiff demonstrates readiness and willingness to perform their contractual ob....
The court ruled that a Sale Agreement was not effectively revoked, and the plaintiff was always ready to perform, necessitating specific performance.
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