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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 :
R.N.MANJULA, J.
This Second Appeal has been filed to set aside the judgment and decree dated 31.01.2011 made in A.S.No.99 of 2008 on the file of the Principal Sub Court, Thiruvallur, reversing the judgment and decree dated 29.08.2008 made in O.S.No.5 of 2007 on the file of the Subordinate Court, Poonamallee.
2. Heard Mr.N.Sridhar, learned counsel for the appellant and Mr.C.T.Mohan, learned Senior Counsel for Mr.R.Vijayaraghavan for respondents 2 to 6 and Ms.P.Radhika, learned counsel for respondents 7 to 9 and perused the materials available on record.
3. The Appellant is the plaintiff, who has filed a suit for the relief of specific performance against the original defendant. The Trial Court has decreed the suit. Since the sole defendant died, the legal representatives of the deceased sole defendant preferred a First Appeal which was also allowed by dismissing the suit. Hence, the plaintiff has filed this Second Appeal.
4. The short facts pleaded in the plaint are as follows:
The suit property belongs to the defendant Govindasamy. The defendant had executed a sale agreement dated 30.09.2004 to sell the suit property to the plaintiff at the rate of Rs.3,500/- per cent. The tot
Procedural fairness requires the opportunity to cross-examine witnesses concerning additional evidence; failure to do so violates litigative rights.
Discretionary relief in specific performance cases must consider readiness, willingness, and circumstances of coercion, balancing hardship for both parties.
The central legal point established in the judgment is the importance of following the proper procedure for admitting additional evidence and considering subsequent events that may impact the validit....
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.
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 High Court cannot re-assess evidence in second appeals, focusing only on substantial questions of law while confirming findings of lower courts.
The court affirmed that the burden of proving forgery lies with the party alleging it and upheld the validity of the sale agreement, reinforcing principles of specific performance in contract law.
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'....
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