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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR
V. Baskaran, (died) – Appellant
Versus
B. Muthukrishnan – Respondent
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 schedule property from 10.02.2014 for a period of 3 years without rent and in lieu of interest.
3.It is further contended that on 03.06.2015, the plaintiff and the first defendant had entered into a registered sale agreement wherein it was agreed that the total sale consideration would be Rs.30,00,000/- and an advance amount of Rs.17,00,000/- was paid on the date of the sale agreement. The defendants have agreed to execute a sale deed within a period of two years after receiv
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.
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'....
The plaintiff's failure to prove willingness to perform the contract led to the grant of the alternate relief of refund of the advance money.
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