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R. SAKTHIVEL
Mohamed Haja Moideen – Appellant
Versus
Lakshminathan – Respondent
JUDGMENT
Feeling aggrieved by the Judgment and Decree dated August 13, 2018 passed in O.S. No.15 of 2014 by ‘the District Court, Karaikal’ [‘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. On December 17, 2013, the Defendant and the Plaintiff entered into an agreement for sale in respect of the Suit schedule mentioned property for a total sale consideration of Rs.22,00,000/-. It was agreed that the sale should be concluded within a period of three months from the date of agreement. It was further agreed that the Defendant shall produce the encumbrance certificate for 31 years, antecedent title deed, survey sketch, receipt for tax payment up to date, patta and also that the Suit Property be measured as per re-survey. On the date of agreement, the Defendant had received a sum of Rs.20,00,000/- from the Plaintiff and the balance of Rs.2,00,000/- was to be paid. All these were to be done within the period of three months.
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: Absence of any material, that the plaintiff had exercised undue influence in obtaining the sale agreement from the defendant at the time of the alleged loan transaction.
In a suit for specific performance, the Plaintiff must prove the genuineness of the agreement and his readiness to perform, failing which the suit must be dismissed.
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.
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....
An agreement of sale signed by vendor alone and delivered to purchaser, and accepted by the purchaser, has always been considered to be a valid contract. In the event of breach by the vendor, it can ....
The plaintiff failed to establish the existence of a binding contract or prove payment of earnest money for specific performance, leading to the dismissal of his claims.
The plaintiff's failure to prove willingness to perform the contract led to the grant of the alternate relief of refund of the advance money.
A sale agreement must be proven by its written terms, and inconsistencies in evidence can undermine claims for specific performance.
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