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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
Rajendiran, S/o. Sengoda Gounder – Appellant
Versus
Perumayee W/o. G.R. Kandasamy – Respondent
JUDGMENT :
Heard.
2.The plaintiff in O.S. No. 621 of 2000 has preferred this Second Appeal, assailing the concurrent dismissal of his suit by the I Additional District Munsif Court, Kallakurichi, by judgment and decree dated 11.07.2005; and the Sub Court, Kallakurichi, in A.S. No. 154 of 2005, by judgment and decree dated 14.08.2013.
3.The plaintiff is the appellant and the defandant is the respondent. For the sake of convenience, the parties are referred as per their rank in the trial court.
4.The case is brief: According to the plaintiff, a sale agreement dated 04.03.1999 was entered between the plaintiff and the defendant whereby the defendant agreed to sell the suit property at a total consideration of Rs.15,000/-. The plaintiff paid Rs.13,000/- as advance and undertook to pay the balance Rs.2,000/- on or before 04.03.2000. When the defendant evaded execution of the sale deed, the plaintiff issued a legal notice dated 14.01.2000 calling upon the defendant to execute the deed. The defendant replied on 27.01.2000 containing false allegations, leading to the present suit for specific performance.
5.The defendant states that the parties are related and there is longstanding enmity. Acco
The main legal point established in the judgment is that a suit for specific performance can be filed only against the persons who have entered into a sale agreement, and the necessity of parties in ....
Contract and Specific Reliefs – Agreement to Sell - It is well settled that remedy of specific performance is an equitable one and Court while granting decree of specific performance exercises its di....
The court ruled that statutory rights of a bona fide purchaser prevail over equitable rights of an agreement holder in cases of specific performance, particularly in the absence of evidence proving r....
The plaintiff must establish continuous readiness and willingness to perform a contract to be entitled to specific performance under Section 16(c) of the Specific Relief Act.
The appellate court determines that non-disclosure of an earlier mortgage does not impede specific performance claims if the plaintiff proves readiness and willingness.
Unilateral cancellation of an irrevocable GPA is impermissible when the agent has an interest in the property, ensuring the protection of the agent's rights.
The main legal point established in the judgment is the requirement for the plaintiff to prove the execution of the agreement of sale, payment of consideration, and continuous readiness and willingne....
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 ....
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