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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
Selvaraj – Appellant
Versus
Pappathi – Respondent
| Table of Content |
|---|
| 1. facts regarding sale agreement and dispute. (Para 3) |
| 2. arguments regarding readiness and willingness. (Para 4) |
| 3. plaintiff's evidence and legal principles of specific performance. (Para 6 , 7 , 8) |
| 4. court's analysis on parties' readiness and willingness. (Para 9 , 10 , 12 , 13 , 18) |
| 5. parties must prove continuous readiness and willingness. (Para 11 , 14) |
| 6. requirements of readiness and willingness under specific relief. (Para 16 , 20 , 21 , 22) |
| 7. the trial court's decree cannot stand without evidence of readiness. (Para 30 , 33) |
| 8. final order and alternate relief granted. (Para 34 , 36) |
JUDGMENT :
N. SATHISH KUMAR, J.
1. Aggrieved over the judgment and decree of the Trial Court decreeing the suit for specific performance, the present appeal is filed.
2. The parties are arrayed to as per their own ranking before the Trial Court.
3. Brief facts on the case is as follows:
a. The defendant has agreed to sell the suit property to the plaintiff for a sale consideration of Rs.15 lakhs out of which, Rs.10 lakh was received as an advance from the plaintiff and executed a sale agreement dated 26.05.2015. It is agreed between the parties that the sale shall be completed within o
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
In suits for specific performance, the burden lies on the defendant to prove claims that a sale agreement was a loan; the plaintiff must demonstrate continuous readiness and willingness to perform th....
The plaintiff's failure to prove readiness and willingness to perform his part of the contract within the stipulated time precluded him from obtaining the relief of specific performance.
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
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.
For specific performance, a plaintiff must consistently prove readiness and willingness to perform their contractual obligations. Failure to do so, along with unexplained delays, can result in denial....
Continuous readiness and willingness on the part of the plaintiff is a condition precedent for obtaining relief of grant of specific performance, as mandated by Section 16(c) of the Specific Relief A....
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
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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....
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