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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
M. Ismail – Appellant
Versus
K.M. Abdul Rahim Mohideen – 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. The defendants in O.S.No.110 of 2017, on the file of the Principal District Court, Villupuram, are the appellants herein and the plaintiff in the said suit is the respondent herein.
3. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.
4. The brief fact of the plaintiff’s case is as follows :-
The case of the plaintiff is that the defendants agreed to sell the suit property for a total sale consideration of Rs.35,00,000/- and executed a sale agreement dated 29.09.2015, receiving a sum of Rs.25,00,000/- as advance. It was agreed between the parties that the sale transaction shall be completed within a period of four months. Though a time limit of four months was stipulated, time was not the essence of contract. The defendants also undertook to clear the mortgage debts due to Sriram City Union Finance Ltd., out of the advance amount paid by the plaintiff and thereafter, agreed to execute the sale deed in respect of the suit property, free fro
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
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....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform the contract, which was not established in this case.
Time is of the essence in contracts for sale of immovable property; failure to act within stipulated time undermines claims for specific performance.
(1) Amendment brought to Specific Relief Act by Act 18 of 2018 is prospective in nature and cannot be applied to those transactions which took place prior to amendment.(2) There is distinction betwee....
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 of a contract is a discretionary remedy that requires the plaintiff to prove readiness and willingness to perform their obligations within the stipulated time.
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