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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS. JUSTICE T.V. THAMILSELVI, J
V.Perumayee – Appellant
Versus
S.Rajammal – Respondent
JUDGMENT :
T.V. Thamilselvi, J.
The appellants have preferred these Second Appeals against the Judgment and decree passed in A.S.No.5 of 2014 on the file of Subordinate Court, Attur, modifying the judgment and decree dated 19.03.2014 made in O.S.No.351 of 2009 on the file of District Munsif Court, Attur.
2. For the purpose of convenience, the parties herein are referred to as they are ranked in the suit.
3. The appellant in S.A.No.200 of 2024 is the plaintiff in suit O.S. No. 351 of 2009 on the file of the District Munsif, Attur. The 2nd defendant is the appellant in another appeal, S.A.No.863 of 2024.
4. Before the trial court, the suit was decreed, against which an appeal, A.S.No.5 of 2014, was filed by the 2nd defendant, Rajammal, before the learned Subordinate Judge, Attur. The appeal was modified and partly allowed. Challenging these findings, both the plaintiff and the 2nd defendant preferred the above second appeals.
5. The brief facts of the case.
The plaintiff's husband and the second defendant's husband are brothers. The 1st defendant is the son of the 2nd defendant. The plaintiff filed a suit for specific performance, seeking a direction for the defendants to execute the sale d
An unregistered sale deed is invalid for specific performance claims, and the burden of proof lies with the plaintiff to establish the validity of the transaction.
An unregistered document can be admitted as evidence in a suit for specific performance to show a contract between the parties, and the plaintiff's continuous readiness and willingness to perform the....
The central legal point established in the judgment is the requirement for a party seeking specific performance to prove the execution of the sale agreement and demonstrate readiness and willingness ....
The plaintiff's failure to prove the execution of the sale agreement and her readiness and willingness for specific performance, along with the defendant's established possession and enjoyment of the....
The court ruled that an unregistered sale agreement lacking essential details cannot support a claim for specific performance, especially when the suit is filed after a significant delay.
The execution of a sale deed is binding if the parties are present and the statutory procedures for disabilities are adhered to, dismissing claims of forgery when sufficient evidence exists.
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