IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
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
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 record. The trial Cour
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