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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SAKTHIVEL
A. Shahul Hameed – Appellant
Versus
N. Malligarjuna – Respondent
JUDGMENT :
(R. SAKTHIVEL, J.)
This Second Appeal is directed against the Judgment and Decree dated August 28, 2014, passed in A.S.No.09 of 2013 by the 'Additional District and Sessions Court, Hosur' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated December 21, 2012 passed in O.S.No.35 of 2011 by the 'Subordinate Court, Hosur' ['Trial Court' for brevity] was reversed.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit before the Trial Court.
PLAINTIFF'S CASE
3. Originally the Suit Property belonged to the first defendant vide registered Sale Deed (Document No.137/1995). Defendants 2 to 4 are the children of the first defendant. Due to financial needs, the defendants decided to sell the Suit Property. Through mediators, they agreed to sell it to the plaintiff for a sum of Rs.9,30,000/- and executed a registered Sale Agreement dated March 19, 2010 in Document No.1070/2010 on the file of SRO, Kelamangalam and received an advance amount of Rs.9,00,000/- while agreeing to execute Sale Deed within four months upon payment of the balance Rs.30,000/-.
3.1. The plaintiff was ready and willing to complete
The plaintiff must prove readiness and willingness to perform a contract under Section 16(c) of the Specific Relief Act, and failure to do so negates entitlement to specific performance.
The court established that an agreement labeled as a sale can be deemed a security for a loan if the evidence supports such a conclusion, and specific performance can be denied if the plaintiff fails....
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....
Point of law: Unless a statute specifically requires a plea to be in any particular form, it can be in any form. No specific phraseology or language is required to take such a plea. The language in S....
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
The court affirmed that a sale agreement is enforceable when the plaintiff proves readiness and willingness to perform, and the defendants fail to substantiate claims against the agreement.
The court ruled that a sale agreement intended as security for a loan does not entitle the plaintiff to specific performance, emphasizing the necessity of proving readiness and willingness to perform....
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