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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Palani – Appellant
Versus
Mariammal – Respondent
JUDGMENT :
K. Murali Shankar, J.
The Second Appeal in S.A.(MD)No.519 of 2019 is directed against the judgment and decree made in A.S.No.25 of 2015 dated 11.07.2019 on the file of the Subordinate Court, Sankarankovil, confirming the judgment and decree passed in O.S.No.261 of 2007 dated 19.12.2014 on the file of the Additional District Munsif Court, Sankarankovil.
2. The Second Appeal in S.A.(MD)No.459 of 2021 is directed against the judgment and decree made in A.S.No.109 of 2017 dated 04.01.2021 on the file of the III Additional District Court, Tirunelveli, confirming the judgment and decree passed in O.S.No.47 of 2010 dated 25.07.2017 on the file of the Subordinate Court, Sankarankovil.
3. The appellant in S.A.(MD)No.459 of 2021 is the plaintiff in O.S.No.47 of 2010 and he filed the suit claiming the relief of specific performance of the sale agreement dated 10.12.2006 directing the respondents 1 to 4 / defendants 1 to 4 to receive the balance sale price and execute the sale deed in respect of the suit properties within the time stipulated by the Court.
4. The respondent in S.A.(MD)No.519 of 2019 (fifth respondent in S.A.(MD)No.459 of 2021) as plaintiff filed the other suit in O.S.No.2
A plaintiff who omits to seek specific performance in a suit filed on the same cause of action earlier and later withdraws that suit without court leave is precluded from claiming specific performanc....
High Court second appeal under S.100 CPC confined to substantial questions of law; cannot re-appreciate evidence or reverse findings on genuineness, readiness for specific performance.
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....
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
Point of law: Unless a statute specifically requires a plea to be in any particular form, it can be in any form. No specific phraseology or language is required to take such a plea. The language in S....
In a suit for specific performance where no time is fixed, the limitation period begins upon notice of refusal. An unregistered sale agreement is admissible under Section 49 of the Registration Act, ....
In a suit for specific performance, the plaintiff's failure to satisfy the mandatory statutory requirements of demonstrating continuous readiness and willingness to perform their obligations, combine....
The High Court cannot re-assess evidence in second appeals, focusing only on substantial questions of law while confirming findings of lower courts.
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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