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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
K. Dhanaraveendhiran – Appellant
Versus
Kavitha – Respondent
| Table of Content |
|---|
| 1. factual background of the case and appeals. (Para 2 , 3) |
| 2. high court's limited jurisdiction under section 100 cpc. (Para 4 , 5) |
| 3. plaintiff's claims and the defendants' defenses. (Para 7 , 8) |
| 4. analysis of trial and appellate court findings. (Para 9 , 10) |
| 5. plaintiff's failure to prove readiness and willingness. (Para 12 , 13 , 14) |
| 6. appellate court's reaffirmation of trial court's findings. (Para 15 , 16) |
| 7. assessment of substantial questions of law. (Para 17) |
| 8. conclusion of the appeal. (Para 18) |
JUDGMENT :
K.MURALI SHANKAR, J.
The Second appeal is directed against the judgment and decree, dated 13.08.2025 made in A.S.No.94 of 2023 on the file of the Additional District Court, (Fast Tract Court) Palani, confirming the judgment and decree, dated 19.07.2023 made in O.S.No.519 of 2014 on the file of the Principal Sub Court, Palani.
2. The appellant is the plaintiff. He filed a suit in O.S.No.519 of 2014, on the file of the Principal Sub Court, Palani, claiming the relief of specific performance of the sale agreement, dated 02.01.2009 and in alternative, for refund of the advance amount of Rs.7,97,000/- with interest at 12 % p.a., and costs.
3.The defendants 3 to 6 fil
The court held that the plaintiff must demonstrate readiness and willingness to perform the contract, and concurrent findings by lower courts are not to be disturbed without a substantial question of....
The High Court cannot re-assess evidence in second appeals, focusing only on substantial questions of law while confirming findings of lower courts.
The court ruled that specific performance requires proof of intent to sell, and failure to prove such intent negates the right to enforce the agreement against the defendant.
Presumption of refund arises when original sale documents are returned; burden lies on plaintiff to prove consideration not refunded and possession for specific performance under unregistered sale ag....
The plaintiff must demonstrate readiness and willingness to perform a contract for specific performance, which was not established in this case.
Specific performance of a contract is a discretionary remedy that requires the plaintiff to prove readiness and willingness to perform their obligations within the stipulated time.
A second appeal under Section 100 of the Code of Civil Procedure requires the establishment of a substantial question of law, which was not present in this case.
Proof of sale agreement and advance insufficient for specific performance without continuous readiness and willingness under Section 16(c); denying contract precludes forfeiture; additional appellate....
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