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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.VADAMALAI
S.R.Murugan @ Naveen S.R.Prabhu, S/o. S.R.Rathinasamy Nadar – Appellant
Versus
P.Rajendran, S/o. Ponnambala Nadar – Respondent
| Table of Content |
|---|
| 1. dispute: sale agreement for specific performance or loan security (Para 1 , 2 , 3 , 4) |
| 2. trial court denied specific performance, granted repayment relief (Para 5 , 6 , 7 , 8) |
| 3. appeal frames issues on agreement intent and trial errors (Para 9 , 10) |
| 4. appellant asserts valid sale, readiness, timely notice (Para 11 , 12) |
| 5. defendant conduct weighs in specific performance discretion (Para 13) |
| 6. respondents claim sham agreement for undervalued loan security (Para 14) |
| 7. registered document presumed genuine; loan transaction unproven (Para 15 , 16 , 17 , 18) |
| 8. notices establish defendant knowledge, no reply (Para 19) |
| 9. advance payment and deposit prove readiness willingness (Para 20 , 21) |
| 10. substantial advance admits performance readiness (Para 22) |
| 11. consideration adequate despite unproven tree value (Para 23 , 24) |
| 12. time not essence in immovable property sales (Para 25) |
| 13. trial erred; plaintiff entitled specific performance (Para 26) |
| 14. appeal succeeds; decree specific performance execution (Para 27) |
JUDGMENT :
P.VADAMALAI, J.
1.This Appeal Suit is directed against the judgment and decree, dated 29.06.2009 made in O.S.No.128 of 2004 on the file of the Fast Track Co
Registered sale agreements presumed genuine; admission of execution and substantial advance proves readiness for specific performance; time not essence in immovable property sales; defendants fail to....
The plaintiff must prove the genuineness of the agreement for sale, establish readiness and willingness to perform the contract, and file suit within a reasonable time for specific performance.
The essence of time in the contract, continuous readiness and willingness, and the discretionary nature of specific performance relief.
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....
The court emphasized the necessity for the plaintiff to demonstrate readiness and willingness to perform the contract, and that unexplained delays undermine the claim for specific performance.
(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
The plaintiff was always ready and willing to perform her part of the contract, and the defendants failed to prove that the plaintiff lacked the financial capacity to pay the balance sale considerati....
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....
(1) Specific performance – Ordinary rule is that specific performance should be granted – It ought to be denied only when equitable considerations point to its refusal and circumstances show that dam....
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