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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE, J
CLETE S.Rangaswami – Appellant
Versus
U.Paruvaraj – Respondent
| Table of Content |
|---|
| 1. circumstances of the contractual dispute (Para 2 , 3 , 4 , 5) |
| 2. court's evaluation on readiness and willingness (Para 6 , 7 , 9 , 10 , 11) |
| 3. obligations under specific relief act (Para 12 , 13 , 14) |
| 4. discretionary nature of specific performance (Para 15 , 16 , 17 , 18) |
| 5. final determination on appeal (Para 19) |
JUDGMENT
Heard.
2. This Second Appeal is filed against the judgment and decree dated
22.11.2011 in A.S. No. 14 of 2011 before the Additional District Judge (FTC– II), Salem, which confirmed the judgment and decree dated 30.10.2010 in O.S. No. 197 of 2009 before the Principal Subordinate Judge, Salem. In those judgments, the suit for specific performance based on an unregistered sale agreement dated 14.07.2006 was dismissed as to the main relief on the ground that the plaintiff had not proved continuous readiness and willingness. However, the Court granted the alternative relief of refund of the advance amount of Rs.10,000/- with interest.
3. For convenience, the parties are referred to in this appeal according to their positions in the Trial Court.
4. The plaintiff’s case is that the defendant agreed to sell the suit property at Rs.75 per sq.ft., executed a sal
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