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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
Krishnamurthy – Appellant
Versus
Valarmathi – Respondent
| Table of Content |
|---|
| 1. factual background of the plaintiff's case. (Para 2 , 4) |
| 2. defendants' positions and claims regarding the property. (Para 5 , 6) |
| 3. court's analysis on the status and validity of agreements. (Para 10 , 14 , 22 , 23) |
| 4. substantial legal questions and limitations on claims. (Para 11 , 24 , 25 , 29) |
| 5. dismissal of appeals and confirmation of lower court judgments. (Para 30) |
JUDGMENT :
R.N.MANJULA, J.
These Second Appeals have been preferred against the common judgment and decree passed in A.S.Nos.23 & 29 of 2006 dated 15.07.2009.
2. The plaintiff had filed a suit in O.S.No.350 of 2004 seeking the relief of specific performance. One of the defendants in that suit filed a separate suit in O.S.No.316 of 2004 for the relief of declaration and permanent injunction. Both suits were tried together by the trial Court and by a common judgment dated 29.08.2005, decreed the suit in O.S.No.316 of 2004 and partly allowed the other suit in O.S.No.350 of 2004.
3. Aggrieved over that, the plaintiff in O.S.No.350 of 2004 preferred two appeals in A.S.Nos.23 &29 of 2006 before the first appellate Court. Those appeals have also been dismissed by a common judgment dated 15.07.2009. Hence, t
Absence of the buyer's signature invalidates a sale agreement, requiring proof of the parties' intentions; the suit for specific performance is timely if filed within limitation after notice of refus....
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 ....
The central legal point established in the judgment is the requirement for a party seeking specific performance to prove the execution of the sale agreement and demonstrate readiness and willingness ....
The plaintiff's failure to prove the execution of the sale agreement and her readiness and willingness for specific performance, along with the defendant's established possession and enjoyment of the....
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 main legal point established in the judgment is that the agreement dated 04.04.1996 was valid and enforceable, and the plaintiff was ready and willing to perform the contract. The court also foun....
Specific performance denied for unproved 30-year-old sale agreement lacking executant signature proof under Evidence Act, no continuous readiness/willingness, absence of part performance possession, ....
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