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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
D. Gangadevi – Appellant
Versus
Selvam – Respondent
| Table of Content |
|---|
| 1. suit history and lower court proceedings summary. (Para 1 , 2 , 3 , 7 , 8) |
| 2. parties' conflicting claims on sale agreement. (Para 4 , 5) |
| 3. s.100 cpc limits second appeal to substantial law questions. (Para 9 , 10 , 11 , 27 , 28) |
| 4. agreement held as loan security, not genuine sale. (Para 12 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. lack of readiness and unexplained delay under s.16(c). (Para 22 , 23 , 24) |
| 6. limits on relief beyond pleadings; appeal dismissed. (Para 25 , 26 , 29) |
JUDGMENT :
K. MURALI SHANKAR, J.
1. The Second Appeal is directed against the judgment and decree made in A.S. No.20 of 2018, dated 17.07.2020, on the file of III Additional District Court, Trichirappalli, partly modifying the judgment and decree passed in O.S. No.113 of 2005, dated 30.01.2018, on the file of I Additional Subordinate Court, Trichirappalli.
2. The appellant is the plaintiff and she filed a suit in O.S.No.113 of 2005, on the file of I Additional Subordinate Court, Trichirappalli claiming the relief of specific performance of sale agreement dated 14.11.2000 and for permanent injunction restraining the defendants from alienating or encumbering the suit property.
3. For the sake of conv
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.
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.
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....
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....
The court ruled that a sale agreement intended as security for a loan does not entitle the plaintiff to specific performance, emphasizing the necessity of proving readiness and willingness to perform....
A sale agreement must be proven by its written terms, and inconsistencies in evidence can undermine claims for specific performance.
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