Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
Yasodha – Appellant
Versus
Aasaithambi – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim for specific performance. (Para 1 , 3) |
| 2. defendant's denial and counterarguments. (Para 4 , 5 , 6 , 9) |
| 3. plaintiff's evidence presentation. (Para 10 , 11) |
| 4. defendant's claims of fraudulent agreement. (Para 12 , 14 , 15) |
| 5. doubts about execution validity of the agreement. (Para 16 , 18 , 19) |
| 6. insufficient evidence of payment by the plaintiff. (Para 20 , 21 , 22) |
| 7. court's assessment of credibility of claims. (Para 23 , 24 , 25 , 26) |
| 8. conclusion rejecting the plaintiff's claim. (Para 27 , 28) |
JUDGMENT :
N.SATHISH KUMAR, J.
Aggrieved over the dismissal of the suit in respect of the relief of specific performance and granting the alternative relief, the plaintiff has filed the present appeal. The defendant has filed the cross-objection challenging the judgment and decree of the trial Court decreeing the suit for the alternative relief of refund of the advance amount.
2. The parties are referred to in accordance with their ranks in the suit and at appropriate places, their ranks in this appeal shall also be indicated.
3. Brief facts leading to the filing of the suit is as follows:
It is the case of the plaintiff that defendant is the brother-in-law of
The court ruled that without valid proof of the agreement's execution and payment, the plaintiff was not entitled to specific performance, emphasizing the importance of unimpeachable evidence in such....
The court ruled that mere proof of signature does not establish the execution of a sale agreement if fabrication is probable, thus denying specific performance.
The plaintiff must prove the passing of consideration and the genuineness of the sale agreement for the discretionary relief of specific performance.
The central legal point established in the judgment is the requirement of a genuine and valid agreement for specific performance, and the burden of proof on the parties to establish the authenticity ....
Agreement to sell – Suit seeking relief of specific performance cannot be allowed where Plaintiff fails to prove that agreement was intended to sell the property and was not executed as a security fo....
Point of law: Specific Performance - Agreement of Sale Specific Performance - If any transfer subsequent to sale agreement is not for consideration and not done in good faith, then, there is no neces....
The limitation period for filing a suit for specific performance starts from the date of refusal of performance, not from the execution date of the agreement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
