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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
V.V.Ravikumar, S/o.V.S.Sai – Appellant
Versus
M. Vijayam, W/o late R.V. Mani – Respondent
JUDGMENT :
G.JAYACHANDRAN, J.
The Appeal is directed against the decree for specific performance passed in O.S.No.34 of 2013 on the file of the District Judge, Nilgiris.
2. The subject matter of the suit is the sale agreement dated 04.02.2011 entered between the plaintiff Mrs.M.Vijayam (purchaser) and Mr.N.R.Rajan (vendor), in respect of 14.34 acres out of 10.43 acres of tea garden situated at Coonoor.
3. The averment in the plaint in brief are as follows:
The first defendant is the absolute owner of the suit property. He got the property through the family arrangement between himself and his family members. The first defendant offered to sell the property to the plaintiff free from all encumbrances for a total consideration of Rs.10,00,000/-. The plaintiff accepted the offer and entered into an agreement on 04.02.2011. The part of the sale consideration of Rs.5,00,000/- already paid in cash and the balance sale consideration of Rs.5,00,000/- was paid by cheque on the date of the agreement.
4. After agreement and passing of full consideration, the first defendant handed over the originals of title deeds, the death certificate of his mother, legal heir certificate, the chitta and a nota
A sale agreement executed by only one co-owner is defective and cannot support a claim for specific performance, which necessitates establishing readiness and willingness separately.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform their contractual obligations, and the agreement must be validly executed by all necessary pa....
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....
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
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 requires continual readiness and willingness to fulfill contractual obligations; consent from co-owners must be secured for the contract to be enforceable.
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....
Time is of the essence in contracts for sale of immovable property; failure to act within stipulated time undermines claims for specific performance.
A plaintiff must prove the validity of a sale agreement and show readiness and willingness to perform contractual obligations for specific performance.
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