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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE N.SESHASAYEE, P.VADAMALAI
Prabhakaran – Appellant
Versus
Thomas – Respondent
| Table of Content |
|---|
| 1. background of the suit regarding the sale agreement. (Para 1 , 2 , 3) |
| 2. points for consideration in appeal. (Para 5 , 6) |
| 3. plaintiffs' and defendants' contention in appeal. (Para 7 , 8) |
| 4. court's analysis of genuineness of sale agreement. (Para 9 , 10) |
JUDGMENT
N.SESHASAYEE, J.
The plaintiffs who have lost their suit for specific performance in O.S.No.13 of 2012 on the file of the I Additional District Court, Thoothukudi, has approached this Court with this appeal. For narrative convenience, the parties are referred to by their rank before the trial Court.
2. The plaintiffs have come forward with an uncomplicated straight forward case. Their pleadings are as below:
a) The suit property is a residential property comprised in T.Sy.Nos.1154/5 and 1155/8 in Block No.35 of Thoothukudi Corporation covering an extent of 2.056 cents with a residential house. This property belongs to the defendant.
b) On 29.09.2011, the defendant and the plaintiffs entered into Ext.A1 a sale agreement, in terms of which, the defendant had agreed to sell the suit property to the plaintiffs for a total consideration of Rs.28.75 lakhs. Out of the said sum, the plaintiffs had paid a sum of Rs.11,00
The court reaffirmed that in specific performance cases, the burden of proof lies on the defendant to substantiate claims regarding the advance amount and contract genuineness, ultimately determining....
It is settled law that if a person executes an agreement to sell property, vendor is not entitled to put forward, in a suit for specific performance by purchaser defence that vendor had no title.
Proof of sale agreement and advance insufficient for specific performance without continuous readiness and willingness under Section 16(c); denying contract precludes forfeiture; additional appellate....
In suits for specific performance, plaintiffs must establish readiness, willingness, and privity of contract; lack of credible evidence leads to dismissal of claims for equitable relief.
A plaintiff seeking specific performance must demonstrate readiness and willingness to perform the agreement, with evidence of privity and capability to fulfill obligations throughout the proceedings....
The plaintiff's readiness and willingness to perform the contract within the prescribed time is crucial for the enforceability of a sale agreement.
The limitation period for filing a suit for specific performance starts from the date of refusal of performance, not from the execution date of the agreement.
Specific performance can be granted when the buyer has made substantial payments and the seller's refusal to execute the sale deed is unjustified, even if specific issues on readiness and willingness....
Parties must continuously demonstrate readiness and willingness to perform a contract to successfully claim specific performance; defendants' denial of contract validity shifts the burden of proof on....
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