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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
K.Soundarrajan – Appellant
Versus
K.Balasubramaniam, Rep. by his guardian Indira – Respondent
JUDGMENT :
A.D. MARIA CLETE, J.
The present appeals arise from the judgment and decree dated 20.09.2017 passed in O.S. No. 155 of 2014 on the file of the V Additional District Judge, Coimbatore, whereby the suit for the specific performance was dismissed and granted decree for the refund of the advance amount with interest.
2. For the sake of convenience, the parties are referred to as they were arrayed before the Trial Court. The plaintiff has preferred A.S. No.87 of 2018 challenging the dismissal of specific performance, while the defendants have preferred A.S. No.368 of 2018 challenging the decree insofar as refund of the advance amount with interest.
3. The Plaintiff’s case is that ,the suit property originally formed part of the family properties of Govindappa Gounder and Nanjammal. Under a settlement deed dated 25.08.1962, the properties were divided into six schedules, of which the A-schedule fell to Nachimuthu Gounder who is the maternal grandfather of defendants. It is his further case that Nachimuthu Gounder also purchased 4.05 acres in S.F. No.41/2 under a sale deed dated 11.06.1967, and that both items were his separate and self acquired properties. After Nachimuthu Gounde
The plaintiff must prove their readiness and willingness to perform the contract in order to be entitled to specific performance. A subsequent suit for specific performance is barred if the plaintiff....
If a plaintiff fails to demonstrate continuous readiness and willingness to perform a contract, relief for specific performance can be denied despite filing within the limitation period.
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 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 main legal point established in the judgment is that the plaintiff must establish readiness and willingness to perform a contract for specific performance.
The plaintiff must show continuous readiness and willingness to perform the contract for specific performance, and failure to do so can result in the dismissal of the relief.
In suits for specific performance, plaintiffs must prove the agreement's genuineness and continuous readiness to perform, particularly when execution is disputed.
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....
Time is of the essence in specific performance agreements; the plaintiff must prove readiness and willingness to execute the contract, which was not established in this case.
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