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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR
G.Thangasamy Nadar (died) – Appellant
Versus
D.Rajkumar – Respondent
| Table of Content |
|---|
| 1. defendants owned the property and sold it. (Para 2 , 3 , 4 , 5) |
| 2. plaintiff's response to cancellation. (Para 6 , 7) |
| 3. trial court found plaintiff willing to perform. (Para 10 , 12 , 13) |
| 4. arguments focus on plaintiff's readiness. (Para 14 , 15 , 16) |
| 5. court's examination of evidence. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. appeal dismissed; trial court's decree confirmed. (Para 27 , 28) |
JUDGMENT :
R.VIJAYAKUMAR,J.
1. The defendants in a suit for specific performance have preferred the present appeal challenging the decree for specific performance.
(A).Factual Matrix:
2.The defendants are the owners of the suit schedule property. They entered into a sale agreement on 22.08.2016 to alienate the property in favour of the plaintiff. The total sale consideration is Rs.1,01,25,000/-. Rs.5,00,000/- was paid in cash as advance. A cheque for a sum of Rs.22,00,000/- was paid in favour of the defendants for remitting the loan from the State Bank of India. It was agreed that the balance sale consideration of Rs.74,25,000/- was to be paid within a period of three months. In the meantime, the property has to be measured with the help of a Government Surveyor in the presence of t
The court held that the plaintiff established readiness and willingness to perform the contract, and the alleged cancellation via Whatsapp message lacked proper authentication, supporting the enforce....
Specific performance requires proof of continuous readiness and willingness by the plaintiff, and failure to demonstrate this justifies denial of relief.
Readiness and willingness must be adequately pleaded and proven for specific performance claims.
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....
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance; mere possession or improvements do not suffice.
In suits for specific performance, the burden lies on the defendant to prove claims that a sale agreement was a loan; the plaintiff must demonstrate continuous readiness and willingness to perform th....
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
The plaintiff's readiness and willingness to perform the contract, the capacity to mobilize funds, and the mental attitude to purchase the property are essential for specific performance.
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