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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR
N.Sampath – Appellant
Versus
V.Ramalingam (Died) – Respondent
| Table of Content |
|---|
| 1. plaintiff's agreement and execution details. (Para 2 , 5) |
| 2. court's determination of readiness and legal principles on specific performance. (Para 12 , 24) |
| 3. arguments presented by both parties regarding readiness to perform. (Para 19 , 20) |
| 4. final ruling on the relief granted. (Para 39) |
JUDGMENT :
C.V.KARTHIKEYAN, J.
1. The plaintiff in O.S.No.108 of 2010 on the file of the Additional District and Sessions Court, Dindigul, is the appellant herein.
2. O.S.No.108 of 2010 had been filed by the plaintiff seeking specific performance of an agreement of sale by the defendant, after receiving the balance sale consideration of Rs.1,01,15,000/-, failing which the plaintiff prayed that the Court should execute a sale deed in his favour in respect of the suit schedule properties.
3. While the appeal was pending before this Court, the appellant filed C.M.P.(MD)No.6174 of 2025 seeking to amend the relief to include an alternative prayer to direct refund of advance sale consideration of Rs.31,75,000/- with interest at 12% per annum from the date of the agreement till the date of realisation. This Civil Miscellaneous Petition was allowed by this Court on 22.04.2025.
4. There were tw
A plaintiff seeking specific performance must demonstrate readiness and willingness to perform contractual obligations; failure to do so results in denial of relief.
Proof of sale agreement and advance insufficient for specific performance without continuous readiness and willingness under Section 16(c); denying contract precludes forfeiture; additional appellate....
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance; mere possession or improvements do not suffice.
The main legal point established in the judgment is that the plaintiff must establish readiness and willingness to perform a contract for specific performance.
Parties must continuously demonstrate readiness and willingness to perform a contract to successfully claim specific performance; defendants' denial of contract validity shifts the burden of proof on....
The readiness and willingness of the parties to perform their part of the contract, as per the agreement of sale, is crucial in determining the entitlement to the discretionary relief of specific per....
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....
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