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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RMT.TEEKAA RAMAN
V. Venkatesan S/o Vajiravelu Naicker – Appellant
Versus
M. Manokaran – Respondent
JUDGMENT :
RMT. TEEKAA RAMAN, J.
1. This Appeal has been filed against the Judgment and Decree passed in O.S.No.15 of 2009 on the file of the Additional District and Sessions Judge (Fast Track Court), Vellore dated 31.01.2011.
2. The unsuccessful Plaintiff is the Appellant herein. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.
3. The Plaintiff has filed a Suit in O.S.No.15 of 2009 for specific performance of agreement of sale dated 14.09.2006/Ex.A1. Written statement has been filed by the Defendant in the Suit denying that Ex.A1/suit sale agreement was came into force by exercising undue influence and it was stated that the Defendant is at the advanced age related medical issues. It is further stated that in view of the default clause contained in Ex.A1, agreement itself has become cancelled and the advance amount stands forfeited and he is not ready and willing to perform the contract and the description of the property in the agreement is insufficient for specific performance and he prayed for dismissal.
4. After trial, following issues have been framed by the trial Court:
“1. Whether Plaintiff is entitled for the relief of specifi
The court upheld that the Plaintiff failed to demonstrate readiness and willingness to perform a contract for specific performance due to vague property description and explicit stipulations regardin....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
The subsequent rise in price and the defendant's resistance were not valid grounds to deny the relief of specific performance. The trial court rightly exercised its discretion in granting the relief ....
Point of law: . Delivery of the suit land pursuant to this agreement under Ex.A1 attracts Section 53-A of the Transfer of Property Act and whereby the appellant is in its continuous possession and en....
Point of law: Absence of any material, that the plaintiff had exercised undue influence in obtaining the sale agreement from the defendant at the time of the alleged loan transaction.
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