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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
T.Subramanian – Appellant
Versus
N.K.Rajan (died) – Respondent
JUDGMENT :
N.ANAND VENKATESH, J.
The defendant is the appellant in the second appeal.
2. The second appeal has been filed against the judgment and decree passed by the learned Principal District Judge, Madurai in AS NO.29/2005 dated 10.04.2006 reversing the judgment and decree dated 02.11.2004 made in OS No.298/1996 on the file of the I Additional Sub Court, Madurai.
3. The respondent/plaintiff filed the suit on the ground that he entered into an agreement of sale dated 16.02.1993 with the appellant wherein the appellant agreed to sell the suit property for a total consideration of Rs.2 lakhs and that on the date of the agreement, a sum of Rs.1 lakh was paid as advance in cash and a further sum of Rs.90,000/- was also paid on various dates. Thus, only a balance sum of Rs.10,000/- was payable and the respondent was requesting the appellant to receive the balance consideration and to execute the sale deed and since the appellant was not coming forward to execute the sale deed, the respondent filed the suit seeking for the relief of specific performance.
4. The appellant as the defendant filed a written statement stating that the respondent did not pay the advance amount of Rs.1 lakh/- an
Sale agreement valid with consideration via admission; readiness/willingness shown by possession, payment, deposit despite attachment.
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 court established that in a suit for specific performance, the plaintiff's readiness and willingness to perform the contract must be assessed in light of the entire context, including possession ....
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....
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....
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
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