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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. JUSTICE R.N.MANJULA, J
V. Petchi – Appellant
Versus
Ramasamy (deceased) – Respondent
JUDGMENT :
(R.N. MANJULA, J.)
The appellant is the plaintiff, who has filed the suit for specific performance against the defendants and got his suit decreed by the trial Court. The first appeal preferred by the defendants got allowed and the judgment and decree of the trial Court also got set aside. Hence, the plaintiff has filed the second appeal.
2. The short facts reveal from the plaintiff's case:-
The first defendant is the father of the defendants 2 to 4 and the suit property belonging to the defendants. On 23.08.2004 the defendants executed a sale agreement with the plaintiff for selling the suit property for a sum of Rs.73,700/-. On the date of the sale agreement itself, the plaintiff has paid Rs.10,000/- as advance and the time for completing the contract has been agreed as three months. Time was not considered as the essence of the contract. The plaintiff has been all along ready and willing to pay the balance sale consideration and get the sale deed executed. Despite the plaintiff approached the defendants on several occasions and asked the first defendant to receive the balance sale consideration, he evaded and did not come forward to complete the sale transaction. The plai
Time is not automatically the essence of a contract unless expressly stated; the plaintiff's readiness and willingness to perform must be established.
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(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
The Plaintiff must prove continuous readiness and willingness to perform a contract for specific performance, and time can be made of the essence through express terms or circumstances.
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
The readiness and willingness of the parties to perform their part of the contract, as per the agreement of sale, is crucial in determining the entitlement to the discretionary relief of specific per....
Time is an essence of the contract in specific performance cases, and plaintiffs must prove continuous readiness and willingness to perform their obligations.
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
Specific performance of a contract is a discretionary remedy that requires the plaintiff to prove readiness and willingness to perform their obligations within the stipulated time.
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