James v. Reji
Case brief
What is this about?
The High Court dismissed the appeal by a plaintiff seeking specific performance of an agreement for sale. The court held the appellant failed to prove readiness and willingness due to lack of personal evidence and insufficient proof of funds to pay the balance consideration.
What did the court decide?
The appeal was dismissed with no decree for specific performance; the suit decree for return of advance consideration stands affirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 7TH DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943
RFA NO. 911 OF 2012 (H)
AGAINST THE JUDGMENT AND DECREE IN OS 27/2008 OF SUB
COURT, SULTHANBATHERY
APPELLANT IN R.F.A/PLAINTIFF IN SUIT:
JAMES
S/O.GEORGE, RESIDING AT KAITHACKAL HOUSE, VETTAMPARAKARA, PINDIMANA VILLAGE, KOTHAMANGALAM TALUK.
Issues for consideration
3 issues framed by the court
Whether a power of attorney holder can give evidence to prove the personal readiness and willingness of the principal to perform obligations under an agreement for sale.
Whether the appellant established financial readiness and willingness to pay the balance sale consideration on the stipulated date.
Whether the agreement for sale was legally extinguished by the defendants' mutual agreement to rescind it.
Parties & counsel
- appellant
JAMES S/O.GEORGE
- respondent
REJI S/O.POULOSE
- respondent
SAJI S/O.POULOSE
- respondent
JISHA W/O.SAJI
- respondent
LIJI W/O.REJI
- respondent
Case details
As recorded by the court registry
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