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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
Chinnapappa – Appellant
Versus
A.S. Palanivel – Respondent
| Table of Content |
|---|
| 1. appeals from trial court suits on sale agreement disputes. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. sale agreement conditional on tnscb conveyance for non-residential portion. (Para 9 , 10) |
| 3. trial court decreed specific performance for residential portion. (Para 11 , 12) |
| 4. parties contend on contract enforceability and part performance. (Para 13 , 14 , 15 , 16) |
| 5. cmp for additional evidence dismissed as irrelevant. (Para 17 , 19) |
| 6. sale agreement contingent on uncertain tnscb conveyance; unenforceable for item ii. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 7. mandatory injunction for item ii unsustainable under specific relief act. (Para 28) |
| 8. no part performance; defendant remains tenant for item ii. (Para 29 , 30 , 31) |
| 9. partial specific performance confirmed for item i. (Para 32 , 33 , 34 , 35 , 36) |
| 10. excess consideration adjusted towards rent arrears for item ii. (Para 37 , 38 , 39) |
| 11. as 638 dismissed; as 637 partly allowed with modifications. (Para 40 , 41) |
JUDGMENT :
A.D. MARIA CLETE, J.
1. The present appeals, A.S. Nos. 637 and 638 of 2018, arise out of the common judgment and decree dated 14.03.2018 passed by the XV Additional Judge, City Civil Court, Chen
Sale agreement for property with owned and expectant portions is contingent and unenforceable for unowned part if conveyance event fails; specific performance limited to divisible owned portion with ....
The court affirmed that a plaintiff seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, which was established in this case despite claims....
The main legal point established in the judgment is that the respondents' claim of possession and tenancy was contradictory and not supported by evidence, and that the decree obtained by the first re....
The court reaffirmed that equitable relief via specific performance requires proven readiness and legitimate title, emphasizing the importance of the parties' conduct, especially regarding collusion ....
Agreement to Sell – Protection provided under Section 53-A of Transfer of Property Act, 1882 is only a shield, and can only be resorted to as a right of defence – A person who is deemed to be in unla....
A defendant who fails to file a cross-objection or cross-appeal against adverse findings in the trial court cannot challenge those findings in a second appeal to obtain a more favorable position than....
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