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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.POORNIMA
S. Periasamy – Appellant
Versus
Ganapaty Thevar – Respondent
| Table of Content |
|---|
| 1. basis of specific performance claim and agreed contractual terms. (Para 2 , 3 , 4 , 5) |
| 2. framing of the core dispute regarding readiness and essence of time. (Para 6 , 11) |
| 3. procedural history of trial and first appellate court decisions. (Para 7 , 8 , 9 , 10) |
| 4. analysis of evidence regarding plaintiffs' financial readiness and willingness. (Para 12) |
JUDGMENT :
R. POORNIMA, J.
This second appeal is filed against the judgment and decree dated 21.11.2002 rendered in A.S.No.312 of 2001 on the file of the Principal District Judge, Tirunelveli, which was preferred against the judgment and decree, dated 12.09.2001 made in OS No.108 of 1997 on the file of the Additional Sub Judge, Tenkasi.
2. The appellants/plaintiffs filed the original suit O.S.No.108 of 1997 against the deceased Ganapathi Thevar as sole defendant for the relief of specific performance.
3. The case of the plaintiffs is that the suit property originally belonged to the deceased Ganapathy Thevar, the defendant (since died, leaving behind respondents 2 to 8 herein as his legal heirs).
4. The plaintiffs and the deceased Ganapathy Thevar entered into a sale agreement dated 23.10.1996 for the purchase of the suit
A purchaser of immovable property must demonstrate financial capacity and a bona fide intent to perform, rather than physical possession of cash. Unless explicitly stipulated, time is not automatical....
Proof of continuous readiness and willingness is essential for specific performance; failure to demonstrate such readiness undermines entitlement to equitable relief.
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
(1) Specific performance – Ordinary rule is that specific performance should be granted – It ought to be denied only when equitable considerations point to its refusal and circumstances show that dam....
(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
The plaintiff was always ready and willing to perform her part of the contract, and the defendants failed to prove that the plaintiff lacked the financial capacity to pay the balance sale considerati....
To obtain a decree for specific performance, the plaintiff must prove continuous readiness and willingness to perform his part of the contract at all stages from the date of the agreement till the da....
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....
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
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