IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
K. Subbamani, S/o. Late Kanthasamy Gounder – Appellant
Versus
K. M. Arumugam S/o. Meyyanda Gounder – Respondent
JUDGMENT :
N. Sathish Kumar J.
1. Challenging the judgment and decree of the Trial Court, decreeing the suit for specific performance, the present appeal has been filed by the unsuccessful defendants.
2. For the sake of convenience, the parties are referred to as per their rankings before the Trial Court.
3. It is the case of the plaintiff that the defendant agreed to sell the suit property for a total sale consideration of Rs.25,00,000/- and executed a registered agreement of sale on 08.03.2019 after receiving Rs.1,00,000/- as advance. It was agreed between the parties that the sale shall be completed within a period of 11 months, i.e. on or before 07.02.2020. The defendant also agreed to vacate the tenants from the suit premises. As the defendant could not vacate the tenants within the stipulated in time, he sought extension of time to perform his part of contract. Though the plaintiff suggested extension of time, the defendant requested a further advance of Rs.3,20,000/-. Later, the defendant came with a proposal that the earlier agreement be cancelled and a fresh agreement be executed. Accordingly, the earlier agreement dated 08.03.2019 was cancelled on 01.06.2020 and a fresh agre
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform the contract, which was not established in this case.
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
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.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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....
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....
The plaintiff's readiness and willingness to perform the contract within the prescribed time is crucial for the enforceability of a sale agreement.
Continuous readiness and willingness to perform a contract is essential for obtaining specific performance; mere execution of an agreement and issuance of notices do not suffice.
The Plaintiff's readiness and willingness to perform the contract, as well as the Defendant's failure to prove that the sale agreement was fabricated, were crucial in the court's decision to confirm ....
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
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