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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Sebastian – Appellant
Versus
Kattari @ Selvaraj – Respondent
JUDGMENT :
R.SAKTHIVEL, J.
Feeling aggrieved by the Judgment and Decree dated January 3, 2017 passed in O.S. No.11 of 2014 by 'the Principal District Court, Thiruvarur' ['Trial Court' for brevity], the defendant therein has filed this Appeal Suit under Section 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908' ['CPC' for short].
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
PLAINTIFF'S CASE
3. The Suit Properties belong to the defendant. He had purchased the Suit Properties on different dates from different owners through Registered Sale Deeds in Documents Nos.342 of 2007, 345 of 2007, 430 of 2007, 547 of 2007 and 3461 of 2007. The defendant offered to sell the Suit Properties to the plaintiff. On December 20, 2010, the sale price was fixed as Rs.13,00,000/-(Rupees Thirteen Lakhs only) and on the same day the defendant had received Rs.4,00,000/- (Rupees Four Lacs only) from the plaintiff as advance and executed an un-registered Sale Agreement. As per the terms of Sale Agreement, the plaintiff has to pay Rs.3,00,000/- (Rupees Three Lakhs only) on or before April 30, 2011 to the defendant and furthe
Agreement to sell – Suit seeking relief of specific performance cannot be allowed where Plaintiff was not ready and willing to perform his part of contract.
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.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
The plaintiff's failure to file the suit within the limitation period and to prove readiness and willingness to perform the contract resulted in dismissal of the specific performance claim.
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, ....
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....
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