Subbiah, v. Jai Singh
Case brief
What is this about?
Appeal against dismissal of specific performance suit. Bench held plaintiff failed to prove readiness and willingness within stipulated time. Appeal dismissed. Revoked suit dismissal, directed return of advance money.
What did the court decide?
Second Appeal dismissed. Decree for recovery of advance amount of Rs.5000 with interest granted against second respondent.
What the court decided
S.A(MD)No.886 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.886 of 2014
Subbaiah ...Appellant -Vs1.Jai Singh 2.Kadar Maideen ... Respondents
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil
Procedure, to set aside the judgment and decree passed in A.S.No.20 of 2008 on the file of the Subordinate Judge, Pudukkottai, dated 24.04.2012 reversing the judgment and decree passed in O.S.No.65 of 2004, dated 27.02.2007 on the file of
the District Munsif Court, Aranthangi.
For Appellant : Mr.K.Baalasundharam For R1 : Mr.N.Balakrishnan For R2 : No appearance
Issues for consideration
3 issues framed by the court
Whether readiness and willingness must be proved from the inception of the agreement till filing of the suit.
Whether subsequent purchaser with knowledge of prior agreement is a bona fide purchaser without notice.
Whether advanced amount is recoverable when specific performance is denied.
Parties & counsel
- appellant
Subbaiah
- respondent
Jai Singh
- respondent
Kadar Maideen
Coram
Case details
As recorded by the court registry
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