Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Gunasundari – Appellant
Versus
R.Velumani – Respondent
| Table of Content |
|---|
| 1. appeal against trial court's decree. (Para 1 , 2 , 3) |
| 2. plaintiff's claims of specific performance. (Para 8 , 9 , 10 , 11 , 12) |
| 3. regulatory requirement of readiness. (Para 17 , 20) |
| 4. trial and appellate courts' findings confirmed. (Para 22 , 27) |
| 5. final ruling on dismissal of appeal. (Para 29 , 30) |
JUDGMENT :
The Second appeal is directed against the judgment and decree passed in A.S.No.9 of 2025, dated 18.09.2025 on the file of the Principal District Court, Theni, confirming the judgment and decree, made in O.S.No.223 of 2024, dated 12.11.2024 on the file of the Sub Court, Bodinayakanuur.
3. The sole defendant filed a written statement and contested the suit. Pending suit, the sole defendant died and his wife and sons were impleaded as defendants 2 to 4 and they have also filed written statement and proceeded with the suit. The learned Subordinate Judge, framing necessary issues and after filing written statement of defendants 2 to 4, additional issues were framed. After full trial, the learned Subordinate Judge passed a judgment and decree, dated 12.11.2024, granting the relief of specific performance and permanent injunction as sought for. Aggrieved by the said
The High Court cannot re-assess evidence in second appeals, focusing only on substantial questions of law while confirming findings of lower courts.
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 must establish continuous readiness and willingness to perform a contract to be entitled to specific performance under Section 16(c) of the Specific Relief Act.
Specific performance of contract – To avail equitable relief of specific performance, plaintiff has to establish his readiness and willingness to pay balance amount and to execute Sale Deed from date....
Specific Performance of Contract – Readiness and willingness does not mean readiness and willingness to pay or receive money but intention of parties to execute their part of Agreement from date of A....
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.
Discretionary relief in specific performance cases must consider readiness, willingness, and circumstances of coercion, balancing hardship for both parties.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
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
