The High Court of Madras dismissed a second appeal in a suit for specific performance. The Court held that the appellant failed to prove readiness and willingness to execute the sale deed as required by law, making the lower court's decree perverse. The appeal was dismissed.
Second appeal dismissed; connection miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.A.No.1095 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
S.A.No.1095 of 2013 and M.P.No.1 of 2013
P.V.Thavamani ...Plaintiff/Respondent/Appellant
Vs.
Maragadham ... Defendant/Appellant/Respondent
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 02.04.2013 in A.S.No.8 of 2013 (A.S.No.51 of 2012) on the file of the Learned III Additional District Judge, Vellore at Thirupattur, reversing the Judgment and Decree dated 24.04.2012 in O.S.No.111 of 2009 on the file of the Subordinate Judge, Vaniyampadi, Vellore District.
For Appellant : Mr.Surya Senthil for M/s Surana and Surana For Respondent : Mr.Bala Ganesh
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JUDGMENT
The plaintiff in O.S.No.31 of 2007 on the file of the Sub Court, Thirupattur, is the appellant before me. The said suit was transferred from the file of the Sub Court, Thirupattur to the file of the Sub Court, Vaniyambadi, Vellore District and re-numbered as O.S.No.111 of 2009.
a)Whether the lower Appellate Court was right in doubting the genuineness of Ex.A1 Sale Agreement which was duly proved by the plaintiff
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by examining P.W.2 and P.W.3 without there being any substantial material to disregard the same ?
b) Whether the lower Appellate Court was right in assuming that Exhibits A4 to A6 which are the original title deeds was obtained by the plaintiff from the husband of the defendant, without there being any pleading to that effect in the written statement ?
c) Whether the findings of the lower Appellate Court can be termed as perverse due to improper appreciation of the oral and documentary evidence available on record ?
appellant and Mr.Bala Ganesh, learned counsel appearing on behalf of the respondent.
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on 25.04.2006, which was marked as Ex.A1, with the defendant. The terms
of the agreement is that the property which belongs to the defendant would be sold to the plaintiff for a sum of Rs.2,25,000/-. The defendant received a sum of Rs.2 Lakhs as advance on 25.04.2006 and the remaining amount of Rs.25,000/- would be paid within a period of 11 months. It was also agreed that in case, an amount of Rs.25,000/- is not paid within a period of 11 months, then the amount would be fortified. From 25.04.2006 till 08.03.2007 there has been a deathly silence maintained by the plaintiff. It was for the first time, i.e., on 09.03.2007, the plaintiff issued a notice through an Advocate, which was marked as Ex.A2. In the said notice, the plaintiff had called upon the defendant to appear before the Office of the Sub-Registrar on 14.03.2007, to execute the sale agreement.
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case.
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been paid by the plaintiff. The learned counsel further add that the original
of the title deeds that were available with the plaintiff had not been properly explained by the defendant. He would contend that the title deeds had been handed over to the plaintiff, which reflects that the property had been agreed to be sold by the defendant to the plaintiff.
the substantial questions of law are taken up together and answered as follows:-
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One of the fundamental principles that has to be applied in a suit for
specific performance is that the plaintiff must not only plead but also prove that he was ready and willing to have the sale agreement converted into a sale deed. These two are legal terminologies, mean the plaintiff should have sufficient means and has true intention or urgency to convert the sale agreement into a sale deed. As per Section 16 (c) of the Specific Relief Act, unless and until both the tests are satisfied, a suit for specific performance cannot be decreed. This is a condition precedent that has to be tried by the Court, while dealing with the suit.
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Section 73 of the Indian Evidence Act. The lower Appellate Court also came
to the conclusion that the signature found in Ex.A-1 is the signature of the defendant, but had taken a diametrically different view, saying that the mere fact that the signature is found in the agreement does not mean the agreement stands proved. The lower Appellate Court also had come to the conclusion that the plaintiff had not proved the fact that he was possessed of sufficient funds, viz., of paying the balance of Rs.25,000/-.
the date of alleged agreement and the date on which the Advocate notice had been issued. The agreement had been entered into as stated above on 25.04.2006, but the suit notice itself was issued only on 09.03.2007. There is absolutely no explanation from the plaintiff as to what was his conduct between the period from April 2006 to March 2007.
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The factum that the plaintiff has not produced any evidence to show his financial capacity to repay the balance of the amount looms large. There is absolutely no evidence on the part of the plaintiff as to why he kept quiet for a period of nearly 11 months. The urgency that should have been shown by the plaintiff is lacking in the present case.
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to the plaintiff, as security. This is the presumption, which the learned lower
Appellate Judge had drawn.
04.01.2024
Jer
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Index : Yes/No Neutral Citation : Yes/No Speaking order / Non-speaking order
To:
1.The III Additional District Judge, Vellore at Thirupattur
2.The Subordinate Judge, Vaniyampadi, Vellore District.
3.The Section Officer V.R.Section High Court of Madras.
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V.LAKSHMINARAYANAN, J.
Jer
S.A.No.1095 of 2013 and M.P.No.1 of 2013
04.01.2024
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3 issues framed by the court
Whether the lower appellate Court was right in doubting the genuineness of the sale agreement despite it being duly proved?
Whether the lower Appellate Court was right in assuming title deeds were obtained without pleading to that effect in the written statement?
Whether the findings of the lower Appellate Court can be termed perverse due to improper appreciation of oral and documentary evidence?
3 provisions across 3 enactments
P.V.Thavamani
Maragadham
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V.Lakshminarayanan
Parties & counsel
