Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR
V. Baskaran, (died) – Appellant
Versus
B. Muthukrishnan – Respondent
| Table of Content |
|---|
| 1. factual background of agreement and payments (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. defendants' allegations and counterclaims (Para 8 , 9 , 10) |
| 3. trial court's findings on execution and willingness (Para 12 , 13) |
| 4. conclusion and final order (Para 14 , 39) |
| 5. arguments presented by both parties (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. court's analysis and reasoning regarding the sale agreement (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
R.VIJAYAKUMAR, J.
The defendants in O.S.No.112 of 2016 on the file of the Additional District Court (Fast Track Court), Palani have preferred the present first appeal challenging the decree for specific performance.
(A).Pleadings of the parties are as follows:
2.The plaintiff has contended that the defendants are husband and wife and the suit schedule properties absolutely belongs to the first defendant who has purchased the property under a registered sale deed dated 30.06.2003. When the house of the first defendant in the suit schedule properties was under construction, the defendants have received a sum of Rs.5,00,000/- from the plaintiff on 23.11.2012 and permitted the plaintiff to reside in the suit sc
A valid sale agreement can be enforced if the plaintiff demonstrates readiness to perform contractual obligations despite claims of coercion being unsubstantiated.
Point of law: Absence of any material, that the plaintiff had exercised undue influence in obtaining the sale agreement from the defendant at the time of the alleged loan transaction.
An agreement of sale signed by vendor alone and delivered to purchaser, and accepted by the purchaser, has always been considered to be a valid contract. In the event of breach by the vendor, it can ....
A plaintiff must prove the validity of a sale agreement and show readiness and willingness to perform contractual obligations for specific performance.
A valid agreement for specific performance requires clear intent and consistent evidence of readiness and willingness from the plaintiff to execute the contract, which was not established in this cas....
The court affirmed that a party's denial of an agreement's execution precludes them from claiming non-performance when readiness to perform has been established, resulting in a right to specific perf....
In a suit for specific performance, the Plaintiff must prove the genuineness of the agreement and his readiness to perform, failing which the suit must be dismissed.
Where a vendor admits the execution of a sale agreement and the receipt of significant advance consideration, the vendee is entitled to specific performance unless the vendor proves effective dischar....
The judgment establishes that specific performance can be granted when the plaintiff proves the execution of the contract and demonstrates readiness and willingness to perform, despite the defendant'....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
