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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
Kesavaraman, S/o. Ramaiya – Appellant
Versus
Narayanan (died) – Respondent
| Table of Content |
|---|
| 1. factual background of the plaintiff's case. (Para 3 , 4 , 5 , 6) |
| 2. plaintiff's arguments and claims on appeal. (Para 8 , 10) |
| 3. court's analysis of readiness and willingness. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. ratio decidendi regarding advance refund and specific performance. (Para 20 , 21 , 22 , 23) |
| 5. conclusion and order on the appeal. (Para 26 , 27) |
JUDGMENT :
A.D.MARIA CLETE, J.
This appeal is directed against the judgment and decree dated 29.03.2019 passed by the learned Principal District Judge, Puducherry, in O.S. No. 73 of 2007.
2. The plaintiff instituted the suit for specific performance of the contract of sale dated 18.08.2004. The trial Court declined to grant the relief. Aggrieved thereby, the plaintiff has preferred the present appeal. For convenience, the parties are referred to according to their rank before the trial Court.
3. Brief facts of the plaintiff’s case: The first defendant (since deceased) was the owner of the suit property. On 18.08.2004, the plaintiff entered into a registered agreement of sale with the first defendant, in which the re-survey number and extent were described as 110/3 and 2240 sq. ft. respectively. On the same date, t
If a plaintiff fails to demonstrate continuous readiness and willingness to perform a contract, relief for specific performance can be denied despite filing within the limitation period.
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.
(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....
Continuous readiness and willingness to perform the contract is a condition precedent for obtaining the relief of specific performance under Section 16(c) of the Specific Relief Act.
Time is of the essence of the contract and the plaintiff was not ready and willing to perform its part of the contract in terms of the agreement.
A plaintiff seeking specific performance must demonstrate readiness and willingness to perform contractual obligations; failure to do so results in denial of relief.
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