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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, K.GOVINDARAJAN THILAKAVADI
Rajendran – Appellant
Versus
Tamil Nadu Central Excise and Customs Employees Co-operative House Building Society Limited Represented by its Special Officer – Respondent
| Table of Content |
|---|
| 1. introduction of case facts and agreements. (Para 1 , 2 , 4 , 5) |
| 2. disputes over the enforceability of agreements. (Para 7 , 8 , 9) |
| 3. court's reasoning on amendments and contract validity. (Para 10 , 11 , 12) |
| 4. confirmation of prior judgment. (Para 14) |
JUDGMENT :
K. GOVINDARAJAN THILAKAVADI, J.
1. O.S.A. No. 379 of 2018 is filed to set aside the judgment and decree dated 23.04.2018 passed by the learned Single Judge of this Court in C.S. No. 1059/1990.
2. O.S.A. No.55 of 2019 is filed to set aside the part of the judgment and decree passed in the same suit with regard to dismissal of the suit in respect of Item No.2 of the plaint schedule properties comprised in Survey No.212, Ramapuram Village, Saidapet Taluk, Kancheepuram District.
3. For the sake of convenience, the parties are referred to as per their ranking in the suit.
4. The above suit was originally filed by the appellant in O.S.A. No.55 of 2019/plaintiff for specific performance seeking direction to the appellant in O.S.A. No.379/2018/defendant to perform the agreement, dated 29.11.1987 and in default of compliance, seeking direction for execution of the sale deed through Court. During the pendency of the suit
A plaintiff may seek specific performance of contracts if time is not of the essence and valid amendments to pleadings do not alter the original cause of action established in a suit.
Amendment of plaint - An application for amendment of the pleadings is not to be disallowed on the ground that the same is barred by limitation
The amendment to the Specific Relief Act in 2018 makes specific performance non-discretionary; proven readiness leads to enforceable agreements.
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
Relief in civil suits must be strictly based on pleadings, and a plaintiff cannot obtain a decree for a different parcel of land than that specified in the suit.
The court reinforced that specific performance can be granted if the plaintiff proves readiness to perform, regardless of price escalation, citing a precedent that supports enforcing agreements despi....
The burden of proof in cases of fraud and specific performance, the exercise of discretion under Section 20 of the Specific Relief Act, and the reversal of burden of proof in specific circumstances.
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