M/S Love and Concern v. K.Dhananjayan
Case brief
What is this about?
Specific performance refused; readiness and willingness not proved; no funds admission in cross-examination; time not essence of contract (immovable property, no clause, no post-lapse steps); life-interest holders cannot convey title; settlement deeds 1980 Ex.P.14–P.17; registered sale agreement 07.05.2018 enforceable over agreement 11.03.2010 and MOU 26.02.2018; possession lawful only of tenanted 2790 sq.ft., trespasser beyond; permanent injunctions (interference and alienation) both denied; limitation — three years after ten-month period, suit timely; money decree for advance Rs.1,15,42,500/- under equity without refund prayer; Srinivas Ramkumar Firm v. Mahabir Prasad (1951 SCC OnLine SC 11) relied on; Section 22 Specific Relief Act; 9% interest on default after two months; Madras High Court Original Side Civil Suit; Justice P.Dhanabal.
What did the court decide?
Suit dismissed as to specific performance and both permanent injunctions; Money Decree granted in favour of the plaintiff directing the defendants to repay the advance of Rs.1,15,42,500/- within two months from receipt of a copy of the Judgment, failing which the amount shall carry 9% interest from the date of Judgment; connected applications closed; no order as to costs; plaintiff denied interest otherwise.