L.Saravanan v. P.Mariappan
Case brief
What is this about?
Second Appeal dismissed holding that the appellant failed to prove readiness and willingness to pay balance consideration within the stipulated period, despite courts below correctly granting refund relief.
What did the court decide?
Second Appeal dismissed; plaintiff entitled to execute decree for refund of advance with interest.
What the court decided
S.A(MD).No.666 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A.(MD)No.666 of 2020 and C.M.P(MD)No.7105 of 2020
L.Saravanan
.... Appellant/Appellant/Plaintiff
Vs.
1.P.Mariappan 2.Kaliammal
3.P.Kalyani ... Respondents 1 to 3/Respondents 1 to 3/ Defendants 1 to 3
Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 24.01.2020 passed in A.S.No.136 of 2017 on the file of the Additional District and Sessions Court, Tenkasi, confirming the judgment and decree dated 08.09.2017 passed in O.S.No.127 of 2013 on the file of the Additional Subordinate Court, Tenkasi.
Issues for consideration
1 issue framed by the court
Whether the appellant was always ready and willing to perform his part of the contract to claim specific performance.
Parties & counsel
- appellant
L.Saravanan
- respondent
P.Mariappan
- respondent
Kaliammal
- respondent
P.Kalyani
Coram
Case details
As recorded by the court registry
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