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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
Annammal (died) – Appellant
Versus
Pattu – Respondent
| Table of Content |
|---|
| 1. establishment of the basis for contract performance. (Para 1 , 2 , 3) |
| 2. readiness and willingness necessity in contract. (Para 12) |
| 3. assessment of undue hardship and discretion in performance. (Para 18 , 19 , 20) |
ORDER :
P. DHANABAL, J.
This Second Appeal has been preferred against the judgement and decree passed in A.S.No.30 of 2012 dated 06.06.2014 on the file of Sub Court, Cheyyar, confirming the judgment and decree dated 22.08.2012 passed in O.S.No.145 of 2004, on the file of Principal District Munsif cum Judicial Magistrate Court No.1, Cheyyar.
2. The appellants 1 and 2 herein are the defendants 1 and 2 in the suit and the 9th respondent herein is the 3rd defendant in the suit. Originally the plaintiff viz., Vedapuri, filed a suit for specific performance and for permanent injunction restraining the defendants 1 and 2 from interfering with the peaceful possession and enjoyment of the property and also restraining the Sub Registrar, the 3rd defendant from registering any document presented by the defendants 1 and 2 . During the pendency of the suit, the plaintiff died and the respondents 1 to 8 herein who are the legal heirs of the plaintiff were brought on recor
The court ruled that a plaintiff must prove readiness and willingness to execute a sale agreement, and failure to do so, along with undue hardship to defendants, can preclude specific performance.
The deceased plaintiff's failure to prove readiness and willingness to perform the contract and the lack of evidence to support the claim led to the setting aside of the lower courts' decisions.
Specific performance of contract – To avail equitable relief of specific performance, plaintiff has to establish his readiness and willingness to pay balance amount and to execute Sale Deed from date....
Specific Performance of Contract – Readiness and willingness does not mean readiness and willingness to pay or receive money but intention of parties to execute their part of Agreement from date of A....
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....
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 High Court cannot re-assess evidence in second appeals, focusing only on substantial questions of law while confirming findings of lower courts.
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