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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Nallammal – Appellant
Versus
R.T. Shankar – Respondent
| Table of Content |
|---|
| 1. summary of suit pleadings, trial, and decree. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. counsel arguments on agreement validity and evidence. (Para 7 , 8 , 9) |
| 3. admission of whatsapp as additional evidence under order xli rule 27. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. agreement held as loan security per messages and conduct. (Para 20 , 21 , 22) |
| 5. lack of readiness; appeal allowed with refund. (Para 23 , 24 , 25) |
JUDGMENT :
P.B. BALAJI, J.
The defendant in a suit for specific performance, aggrieved by the decree for specific performance granted in O.S.No.2 of 2019, is the appellant.
2.Pleadings:
The plaint in brief:
The defendant offered to sell the suit properties to the plaintiff. The plaintiff accepted the defendant’s offer and an agreement was drawn up in writing on 21.09.2016. The same was also registered. The total sale consideration was fixed at Rs.10 lakhs. The defendant received Rs.9 lakhs towards advance and agreed to complete the transaction within a period of 9 months thereafter, on payment of balance consideration of Rs.1 lakh. The plaintiff has always been ready and willing to perform his part of the contract and get the sale deed executed in his f
Sale agreement treated as loan security based on WhatsApp evidence and party conduct; appeal allowed with refund.
In suits for specific performance, the burden lies on the defendant to prove claims that a sale agreement was a loan; the plaintiff must demonstrate continuous readiness and willingness to perform th....
A registered sale agreement may be deemed a loan transaction if its terms are inconsistent with a true sale, supported by the burden of proof on the party disputing its intended meaning.
The court established that an agreement labeled as a sale can be deemed a security for a loan if the evidence supports such a conclusion, and specific performance can be denied if the plaintiff fails....
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....
The burden of proof lies on the party disputing the validity of a written contract, and the conduct of the parties and the plaintiff's readiness and willingness are essential for specific performance....
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....
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 essence of time in the contract, continuous readiness and willingness, and the discretionary nature of specific performance relief.
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