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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 :
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.
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, the earlier agreement of sale dated 19.11.2001 executed by the first defendant in favour of one S. Ravi was cancelled.
5. The plaintiff asserts that the defendant failed to hand over the original title deeds as agreed and that the documents were delivered only in June 2006, after considerable delay. On examining the documents, 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.
The plaintiff's failure to demonstrate readiness and willingness, approach the court with unclean hands, and unilaterally alter the agreement led to the dismissal of the appeal.
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