IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
G.S. Prasannakumar – Appellant
Versus
T.M. Govindasamy Naicker, (died) – Respondent
| Table of Content |
|---|
| 1. filing of second appeals. (Para 1 , 2 , 10) |
| 2. basis of suits for specific performance. (Para 3 , 5 , 7) |
| 3. defendant's rebuttal in written statement. (Para 4 , 6 , 8) |
| 4. issues framed for trial. (Para 9 , 12) |
| 5. counsels' submissions summarization. (Para 13 , 14 , 15) |
| 6. court's consideration of parties' readiness. (Para 16 , 17) |
| 7. evidentiary concerns about witness credibility. (Para 18 , 19 , 22) |
| 8. legal position concerning contractual fulfillment. (Para 20 , 21 , 23) |
| 9. discussions on the possession of the property. (Para 24 , 25 , 26 , 27 , 28) |
| 10. court's ultimate judgment rationale. (Para 29 , 30) |
| 11. final result of the appeals. (Para 31) |
JUDGMENT :
R.N.MANJULA, J.
These Second Appeals have been filed, challenging the judgment and decree made in A.S. Nos.9 to 11 of 2011 on the file of District Judge, District Court No.II, Kanchipuram confirming the judgment and decree dated 17.06.2011 made in O.S. Nos.199 of 1995, 169 of 2007 & 168 of 2007 on the file of Sub Court, Kanchipuram respectively.
2.The plaintiff in O.S. No.199 of 1995 is the plaintiff in O.S. No.168 of 2007 also. The defendant in both the suits, namely, O.S. Nos.199 of 1995 and 168 of 2007 is the plaintiff
The court reinforced that for specific performance, a party must demonstrate readiness and willingness to fulfill contractual obligations, supported by sufficient evidence.
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance; mere possession or improvements do not suffice.
The court ruled that a plaintiff must prove readiness and willingness to execute a sale agreement, and failure to do so, along with undue hardship to defendants, can preclude specific performance.
Sale agreement valid with consideration via admission; readiness/willingness shown by possession, payment, deposit despite attachment.
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 of Contract – Readiness and willingness does not mean readiness and willingness to pay or receive money but intention of parties to execute their part of Agreement from date of A....
Specific performance of contract – To avail equitable relief of specific performance, plaintiff has to establish his readiness and willingness to pay balance amount and to execute Sale Deed from date....
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