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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.NISHA BANU, M.JOTHIRAMAN
K. Dorairaj S/o. K.G. Karmegam – Appellant
Versus
Kuppammal (deceased) – Respondent
| Table of Content |
|---|
| 1. factual background of the specific performance suit. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appellant's and respondent's arguments regarding the sale agreement. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's analysis on the evidential shortcomings and admissions. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. court’s reasoning regarding readiness and willingness for specific performance. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. outcome of the appeal and direction for specific performance. (Para 34 , 35 , 36) |
JUDGMENT :
J.Nisha Banu J.
The present Appeal is filed under Section 96 read with Order 41 Rule 1 of CPC as against the Judgment and Decree dated 20.12.2024, passed by the Sessions Judge, Mahila Court, Chengalpet in OS. No. 241/2006, dismissing the suit for specific performance, filed by the Plaintiff.
2. The Learned Senior Counsel appearing for the Appellant in brief contended that, after fixing the sale consideration for sale of the suit schedule property owned by the 1st defendant in the suit i.e.. Kuppammal (since deceased), at the rate of Rs.42,000/- per cent and after receiving an advance of Rs. 13,50,000/- (on various dates), the 1st defe
The court established that a plaintiff's capacity to pay for specific performance need not involve carrying cash; readiness and willingness can be demonstrated through evidence of financial capabilit....
In a contract for sale with reciprocal promises, a buyer's obligation to perform arises only after the seller fulfills their pre-requisite duties. The seller's failure to perform their part constitut....
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
The appellate court must respect trial court findings unless clear errors exist, particularly regarding the existence and terms of contractual agreements and the parties' readiness to perform.
Specific performance requires proof of continuous readiness and willingness by the plaintiff, and failure to demonstrate this justifies denial of relief.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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....
In a suit for specific performance, plaintiffs must prove continuous readiness and willingness to perform their part of the contract, supported by cogent evidence; mere assertions are insufficient.
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