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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
K.A.Shanmugham – Appellant
Versus
M.K.Basheer – Respondent
JUDGMENT :
P.B. BALAJI, J.
The plaintiff in a suit for specific performance, is the appellant in the above appeal suit.
2.Pleadings:
The plaint in brief:
The plaintiff entered into a registered agreement of sale on 07.12.2015 to purchase the properties belonging to the defendant, for a total sale consideration of Rs.10,50,000/-. The agreement was registered in Doc.No.13846 of 2015. On the date of the agreement, the plaintiff paid Rs.10,00,000/- as advance. It was agreed that the balance Rs.50,000/- would be paid within 24 months from the date of agreement and the sale deed would be registered thereafter. The plaintiff has always been ready and willing to perform his part of the contract. On 07.11.2017, the plaintiff sent a lawyer's notice, expressing readiness and willingness and also calling upon the defendant to come to the SRO, Avinashi, to conclude the sale deed to execute and register the sale deed. Despite receipt of the said notice, the defendant turned a deaf ear. As the defendant is trying to defeat and defraud the lawful rights of the plaintiff and making hectic arrangements to alienate the suit properties to third parties, the plaintiff has come forward seeking specific perfo
A registered sale agreement may be deemed a loan transaction if its terms are inconsistent with a true sale, supported by the burden of proof on the party disputing its intended meaning.
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....
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....
A sale agreement must be proven by its written terms, and inconsistencies in evidence can undermine claims for specific performance.
The burden of proof lies on the party disputing the validity of a written contract, and the conduct of the parties and the plaintiff's readiness and willingness are essential for specific performance....
The court determined that the agreement was intended as a security for a loan rather than a sale, emphasizing the necessity of proving readiness and willingness for specific performance.
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....
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