Sunday, 17, May, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

K.Perumal Samy Rishi vs A.N.Lakshmipathy
2023 Latest Caselaw 1033 Mad

Citation : 2023 Latest Caselaw 1033 Mad
Judgement Date : 25 January, 2023

Madras High Court
K.Perumal Samy Rishi vs A.N.Lakshmipathy on 25 January, 2023
                                                                             A.S.No.838 of 2012


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 25.01.2023

                                                   CORAM:

                                   THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                      AND
                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
                                               A.S.No.838 of 2012
                                              and M.P.No.1 of 2012


                K.Perumal Samy Rishi, @ E.V.Perumal Sami Reddy           ...Appellant/ Plaintiff


                                                      -Vs-

                1.A.N.Lakshmipathy
                2.A.N.Bala Murugan
                3.A.N.Gnanasekaran
                4.A.N.Chandrasekaran
                5.A.N.Loganayaki
                6.A.N.Somasundaram
                7.A.N.Suresh Kumar
                8.A.N.Ponnurangam
                9.Ponnammal @ Vanathy Kannan
                10.Saravana Foundation Ltd.,
                   No.15 New Giri Road, T.Nagar,
                   Chennai 600 017.
                11.R.K.P.Builders and Promoters,
                   Rep. by its Sole Proprietor R.Palani,
                   Plot No. 1510, T.S.Krishna Nagar,
                   Mugappiar East,
                   Chennai – 600 037.                                ...Respondents/Defendants


https://www.mhc.tn.gov.in/judis
                1/22
                                                                                    A.S.No.838 of 2012




                Prayer:- Appeal Suit filed under Section 96 r/w Order 41 Rule 1 and 2 of
                C.P.C., against the judgment and decree dated 03.02.2012 made in O.S.No.79
                of 2006 passed by the learned Additional District and Sessions Judge, Fast
                Track Court No.I, Poonamallee.

                                  For Appellant                : Mr.R.Yashod Vardhan
                                                                 Senior Advocate
                                                                 assisted by Mr.R.Murali
                                  For R1 to R9                 : No appearance
                                  For R10                      : Mr.K.V.Babu
                                                                 for Mrs.K.R.B.Dhaaranee
                                  For R11                      : Mr.Ralph V.Manohar



                                                     JUDGMENT

[Judgment of the Court was made by S.S.SUNDAR, J.,]

The plaintiff in the suit in O.S.No.79 of 2006 on the file of the Additional

District and Sessions Judge, Fast Track Court No.I, Poonamallee, is the

appellant in the above appeal.

2.The appellant filed the suit in O.S.No.79 of 2006 for specific

performance of an Agreement of Sale dated 10.01.2005 executed by defendants

1 to 9, along with one Chokkubai, who is the wife of late Sri.A.S.Nagarathnam

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

and mother of defendants 1 to 7.

3.The suit property was originally owned by two brothers, namely,

Mr.A.S.Nagarathnam and Mr.A.S.Ponnurangam. Mr.A.S.Nagarathnam died,

leaving behind his wife Tmt.Chokkubai Ammal and his children, i.e. defendants

1 to 7. It is the case of plaintiff, that Thiru.A.S.Ponnurangam, the 8 th defendant

representing the family agreed to sell the suit properties at the rate of

Rs.37,000/- per cent and received a sum of Rs.1 lakh as advance. 8 th defendant

was appointed as Power of Attorney Agent of defendants 1 to 7, 9th defendant

and mother of defendants 1 to 7 by a registered Power of Attorney Deed dated

15.11.2004. Later Mr.A.S.Ponnurangam for himself and on behalf of

defendants 1 to 7 and 9 and mother of defendants 1 to 7 executed a Sale

Agreement in favour of the plaintiff on 10.01.2005. As per the Sale Agreement,

the sale consideration was fixed at Rs.38,000/- per cent and the total sale

consideration for an extent of 2 acres and 20 cents (suit property) was arrived at

Rs.83,60,000/-. On the date of the Agreement, the 8 th defendant received a sum

of Rs.17,00,000/- as advance including the sum of Rs.1 lakh received as

advance.

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

4.It is the case of plaintiff that he agreed to purchase the suit property in

order to develop the land as a layout and sell the suit property as house site

plots. It is stated that the plaintiff who was doing real estate business, obtained

a Power of Attorney Deed dated 19.01.2005 under Ex.A4 from defendants 1 to

9 and one Tmt.Chokkubai Ammal, the wife of Mr.A.S.Nagarathnam and

mother of defendants 1 to 7. As per the Agreement, the plaintiff was supposed

to complete the sale by the end of April, 2005. However, it is admitted that

Tmt.Chokkubai Ammal died on 26.04.2005. Thereafter, on 28.04.2005, the

plaintiff paid Rs.1,00,000/- to the 4th defendant, who is the son of

Tmt.Chokkubai Ammal by way of further advance amount. Admittedly the

plaintiff failed to pay the balance consideration on or before 30.04.2005. It is

stated by the plaintiff that the defendants failed to provide the legal heirship

certificate and other documents so as to enable the plaintiff to proceed with the

development of the land as a layout as it was conceived at the time of the

Agreement. The 8th defendant issued a notice under Ex.A5 dated 23.06.2005,

complaining that the plaintiff who had agreed to complete the transaction on or

before 30.04.2005 failed to pay the balance. By this notice, the plaintiff was

called upon to complete the transaction on or before 30.06.2005 by paying the

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

entire balance amount and arrange for registration of Sale Deed so as to

complete the sale transaction failing which he will be at liberty to cancel the

Agreement. Thereafter, on 28.06.2005, the plaintiff issued a reply notice to the

8th defendant under Ex.A6, asking for verification of documents, Power of

Attorney and other documents relating to the title in order to obtain sanction

from CMDA. Later it is admitted that defendants 1 to 9 executed a Sale Deed

on 21.07.2006 in favour of defendants 10 and 11. Thereafter on 22.08.2006,

the plaintiff filed the suit for specific performance, alleging that defendants 10

and 11 are not bona fide purchasers.

5.The suit was resisted by the defendants pointing out that the plaintiff

was never ready and willing to perform his part of the contract by paying the

balance of sale consideration on or before 30.04.2005 as agreed under the Suit

Agreement Ex.A3. Though execution of the Suit Agreement under Ex.A3 dated

10.01.2005 is admitted, the defendants raised several grounds. One of the main

grounds raised in the written statement is that the plaintiff was never ready and

willing to perform his part of the contract and hence not entitled to the equitable

relief for specific performance. It is specifically stated in the written statement

that after the death of Tmt.Chokkubai Ammal on 29.04.2005, as required by

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

the plaintiff, the defendants obtained a death certificate and legal heirship

certificate for verification of documents and after receiving the records, the

plaintiff did not come forward to pay the balance as agreed. Though the plaintiff

was permitted to develop the suit property, he relied on the terms of the

Agreement and contended before the Trial Court that possession was handed

over to him pursuant to the Agreement. The plaintiff also pleaded protection

under Section 53-A of the Transfer of Property Act. However, in the written

statement a specific stand was taken disputing the averments and the

defendants contended that physical possession was never handed over to the

plaintiff.

6.The Trial Court after recording the pleadings, framed the following

issues :

i. Whether the time is the essence of contract ? ii. Whether the plaintiff is ready to perform his contract ? iii. Whether the plaintiff is in possession of the suit property ? iv. Whether the plaintiff is entitled for specific performance as prayed for the plaint ?

v. Whether the plaintiff is entitled for permanent injunction to restraining the defendants and their men from interfering in any manner with the plaintiff's possession and enjoyment of the suit https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

property ?

vi. Whether the plaintiff is entitled for cost ?

vii.To what relief the plaintiff is entitled ?

7.Before the Trial Court, the Power of Attorney of plaintiff was examined

as P.W.1. Exs.A1 to A12 were marked on the side of plaintiff. The 8 th defendant

was examined as D.W.1., and the proprietor of the 11th defendant was examined

as D.W.2. Exs.B1 to B26 were marked on the side of defendants.

8.The Trial Court held that time is not the essence of the contract because

the defendants have come forward to extend the time till 30.06.2005. However,

the Trial Court found that the plaintiff was not ready and willing to perform his

part of the contract in terms of the Agreement under Ex.A3. A specific issue

was framed, whether the plaintiff was in possession of the property. The Trial

Court found that the plaintiff was in possession of the property as per the

Agreement, to enable the plaintiff to convert the suit property into house site

plots. However, the plaintiff was granted specific performance in respect of an

extent of 47.37 cents of the total suit property, taking into account the money

paid by the plaintiff under Suit Agreement Ex.A3. Challenging the judgment

and decree of the Trial Court dismissing the suit in respect of remaining extent

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

of the suit property the above appeal is preferred.

9.The learned senior counsel appearing for the appellant strenuously

argued that the Trial Court having held that time is not the essence of the

contract, erroneously found that the plaintiff is not ready and willing to perform

his part of the contract, as the plaintiff did not pay the balance on or before

30.04.2005 as per the Sale Agreement under Ex.A3. The learned senior counsel

then pointed out that the appellant paid a substantial amount of Rs.18,00,000/-

as advance and that he was always ready and willing to perform his part of the

contract by paying the balance of the sale consideration. Since the Agreement

enabled the plaintiff to develop the land simultaneously, the learned senior

counsel pointed out that the delay was caused by the death of Tmt.Chokkubai

Ammal. Pointing out that the plaintiff could not move forward towards land

development as agreed and contemplated at the time of entering into a Sale

Agreement under Ex.A3 it is submitted that the plaintiff was handicapped in

view of the death of one of the vendors. The learned senior counsel also pointed

out that the Sale Agreement itself was entered into between the parties through

the Power of Attorney Deed. It is stated that appellant/plaintiff was unable to

complete the project due to the death of Tmt.Chokkubai Ammal, the wife of

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

Mr.A.S.Nagarathnam. The learned senior counsel then submitted that since the

plaintiff has purchased the suit property, he is entitled to ask for the legal

heirship certificate, death certificate and other documents. The learned senior

counsel further submitted that the Trial Court ought to have granted a decree for

specific performance in respect of the entire suit property. The learned senior

counsel pointed out that the defendants had not filed any cross appeal as against

the finding of the Trial Court and therefore, on the finding of the Trial Court,

the plaintiff is entitled to a decree as prayed for.

10.Per contra, the learned counsel appearing for the 10th respondent who

is the subsequent purchaser, submitted that the Trial Court has rightly held that

the plaintiff was not ready and willing to perform his part of the contract as per

the Sale Agreement under Ex.A3. The learned counsel referred to the pleadings

and evidence adduced on either side to sustain the finding of the Trial Court

holding that the plaintiff is not ready and willing to perform his part of the

contract. Though the Trial Court found that time is not the essence of the

contract, it is submitted that the reasoning of the Trial Court on the issue is not

proper, despite no cross appeal is filed by the defendants as against that portion

of the decree which was on the basis that time is not the essence of the contract.

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

Since, the Trial Court has given a finding that the plaintiff is not ready and

willing to perform his part of the contract and declined to grant relief in respect

of the entire suit property as per the agreement under Ex.A3, learned counsel

submitted that it is open to them to urge all the points to sustain the judgment.

11.Having regard to the submissions of the learned counsels appearing on

either side and the specific pleadings, evidence and issues framed by Trial

Court, this Court finds that the following points are to be determined in this

Appeal:-

(a) Whether the plaintiff is ready and willing to perform his part of the

contract in terms of the Sale Agreement under Ex.A3 dated 10.01.2005

(b) whether the plaintiff is entitled to the discretionary relief for specific

performance?

Points (a) and (b)

12.It is to be noted that the Agreement of Sale under Ex.A3, specifies the

time before which the entire sale consideration should be paid. Pursuant to Sale

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

Agreement under Ex.A3, the plaintiff agreed to pay the entire balance on or

before 30.04.2005 under clause (4) of the Sale Agreement. It is relevant to

extract clauses (4), (6) and (8):-

4/ nkw;go epy';fspd; fpiuag;gj;jpu';fis Kjy; ghu;l;o ,itfSf;Fz;lhd KG fpiuaj;ij KGtJkhf ,uz;lhk; ghu;l;oapd;

gtu; Vb$z;olk; rhl;rpfs; Kd;dpiyapy;

bfhLf;ft[k; fpiuag;gj;jpu';fis 2005k; Mz;L Vg;uy; khjk; 30 e;njjpf;Fs; Koj;Jf;bfhs;s ntz;Lk; vd;Wk; gj;jpug;gjpt[ff ; hd fpiuaj;

                                  bjhifia            rhu;gjpthsu;      mYtyfj;jpy;          t';fp
                                  ouhg;l;            Mf           bfhLf;f                ntz;Lk;/
                                  gj;jpug;gjpt[ff
                                                ; hd          epykjpg;g[     Fwpj;J        brz;l;
                                  fzf;fpy;            gjpt[         bra;tJ           mtu;fspd;
                                  brytpnyna           gj;jpuk;      fpiuak;.        gj;jpug;gjpt[
                                  kw;Wk;        ,ju         bryt[fs;       Kjy;       ghu;l;oapd;
                                  bghWg;ghFk;/


                                           6/nkYk;    2tJ      ghu;l;o-ghu;l;ofs;     tpf;fpiua
                                  bjhifia             bgw;Wf;bfhz;L.           1tJ         ghu;l;o-
                                  ghu;l;ofs;;    nfhUk;       egu;fSf;nfh       my;yJ        1tJ
                                  ghu;l;oapd;-ghu;l;ofspd;           bgaupnyh            fpiuak;
                                  bra;J         bfhLf;f           2tJ         ghu;l;o-ghu;l;ofs;
                                  rk;kjpf;fpwhu;fs;/          jtWk;         gl;rj;jpy;       1tJ

https://www.mhc.tn.gov.in/judis

                                                                                             A.S.No.838 of 2012


                                  ghu;l;o-ghu;l;ofs;           rl;lg;go              epyj;Jf;fhd
                                  bjhifia          muR       t';fpapy;    brYj;jp        epyj;ij
                                  fpiuak;    bra;J       bfhs;s       chpik          cz;L/     1tJ
                                  ghu;l;o-ghu;l;ofs;          epyj;Jf;fhd             bjhifia
                                  bfhLf;fhky;        fhyk;        flj;jpdhy;         rl;lg;goahd

eltof;if vLf;f 2tJ ghu;l;of;F-ghu;l;ofSf;F cupik cz;L/

8/fPnH bc&l;a[{ypy; fz;l epyj;ij 1tJ ghu;l;o-ghu;l;ofs; jd; brhe;j brytpy; tPlL ;

                                  kidfshf           gpupt[      bra;J.         jh';fs;        bgau;
                                  itf;ft[k;.        tpsk;guk;        bra;at[k;.         kidapd;
                                  tpw;gid         bjhifapid           epu;zapf;ft[k;.        nkYk;
                                  mt;thW      ,ayhky;         nghdhy;        rpwpa    ghf';fshf
                                  tpw;gid         bjhifapid              epu;zapf;ft[k;.        Kd;
                                  gzj;     bjhifapid              bgwt[k;.     mt;thW         bgw;w
                                  bjhiffSf;F             urPJfs;         tH';ft[k;.        my;yJ
                                  mf;fpupbkz;l;         bfhLf;ft[k;.         1tJ       ghu;l;of;F-
                                  ghu;l;ofSf;F         2tJ        ghu;l;o-ghu;l;ofs;         cupik
                                  mspj;J           xg;g[jy;        mspf;fpwhu;fs;/             nky;
                                  fz;litfSf;F             xg;g[jy;       mspj;jhYk;.           1tJ
                                  ghu;l;o-ghu;l;ofs;      2tJ        ghu;l;oaplk;-ghu;l;ofsplk;
                                  bra;J       bfhz;l           mf;fpupbkz;oy;           fz;Ls;s
                                  bkhj;j       fpiua          bjhifapy;         2tJ          ghu;l;o-
                                  ghu;l;ofSf;F          nruntz;oa            gzj;ij            1tJ
                                  ghu;l;o-ghu;l;ofs;.        2tJ     ghu;l;of;F-ghu;l;ofSf;F
                                  bfhLj;Jtpl;L.          bfhLj;j          gzj;jpw;F          jFe;j
https://www.mhc.tn.gov.in/judis

                                                                                A.S.No.838 of 2012


                                  epyj;ij     fpiuankh.     gtu;   Mg;    ml;lhu;dpnah
                                  bgw 1tJ ghu;l;of;F-ghu;l;ofSf;F tH';f 2tJ
                                  ghu;l;o-ghu;l;ofs; rk;kjpf;fpwhu;fs;/


As per the Sale Agreement under Ex.A3, the suit property has an extent of 2

acres and 20 cents and is located in a prime locality in Ambattur Taluk,

Tiruvallur District. The plaintiff obtained a general Power of Attorney Deed

under Ex.A4 dated 19.01.2005. As per the general Power of Attorney Deed, the

plaintiff was authorised to develop the land as a layout and he had full authority

from the defendants' not only to develop the land but also to enter into

Agreement and receive advance etc., in respect of parcels of land or house site

plots. The terms of the Sale Agreement under Ex.A3 refers to the payment of

the balance on or before 30.04.2005 and the payment of the balance is not

subject to any other clauses in the Agreement. From the sequence of

performance as agreed under Ex.A3, it is seen that the parties contemplated the

sale of plots well before the last date specified in the Agreement for payment of

balance. The terms of Agreement cannot be construed to mean that the payment

of balance is subject to the plaintiff's actual development of land as the

Agreement specifically refers to completion of sale by 30.04.2005. Since the

defendants have issued a notice under Ex.A5 dated 23.06.2005 calling upon the

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

plaintiff to complete the transaction on or before 30.06.2005, the Trial Court

held that time is not the essence of the contract. However, the notice under

Ex.A5 refers to the request of plaintiff to extend time till 15.06.2005. It was

then the plaintiff was called upon to pay balance before 30.06.2005. Merely

because an extension was given at the request of plaintiff, the stipulation

regarding time cannot be ignored, especially when the defendants warned that

the Agreement would be cancelled if not performed within the extended time.

Therefore, it cannot be disputed that time was made the essence of the contract,

as evidenced by the subsequent notice issued by the defendants on 23.06.2005.

Since the plaintiff was required to pay the balance sale consideration of

Rs.65,60,000/- on or before 30.04.2005 as per agreement and it is admitted that

the plaintiff failed to pay the balance sale consideration instead came with a

reply notice under Ex.A6 dated 28.06.2005. In the reply notice, the plaintiff

refers to another Agreement and has expressed in unambiguous terms that they

are not willing. The relevant portion of reply notice is extracted below:

As per the token advance agreement we had agreed to purchase 3.39 acres on the assurance and promise that you would bring all the owners into completing the transaction for the said total extent. Now we strangely find from your letter that you have split up the

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

transaction, which was not at all the intention on either side. Therefore, we wish to state that we are interested, right from the beginning, only to complete the sale for the entire extent of 3.39 acres agreed upon all at the same time. But nevertheless, we are not disinclined to complete the sale in relation to each of the sale agreement separately provided you furnish a copy of the vital document, namely, copy of judgment in O.S.No.10/88, which is not forthcoming from your side. It is solely for the above reason we are prevented from proceeding further and therefore as undertaken by you, you are requested to take immediate steps at least now to place the said document in our hands for obtaining legal opinion and further completion of the transaction. On our side we are always ready and willing to pay the balance sale consideration at any time, however, subject to title free from any defect.

We greatly regret to find from your letter that you have made false allegation as if we have been delaying the completion of the sale. You cannot reasonably expect us to proceed with the transaction in a blindfolded manner even though we are possessed of sufficient funds to complete the sale at any time. You know very well that only the buyer has to take all precautions regarding https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

verification of title as advised by our lawyer. Moreover one of the party Chokubai had died and as such the Power of Attorney dated 19.01.2005 has become defective and our request in that regard for a fresh Power of Attorney made to you several times is not being complied with for reasons best known to you. Even you have obtained name transfer in the revenue records after the death of Chokubai. The production of all documents relating to title is mandatory for obtaining sanction from CMDA which fact has also been duly informed to you.

Please note that with all the lapses on your side, your threat to cancelling the sale agreement for sale is not proper and is uncalled for. Unless you extend your cooperation in providing us with all the documents mentioned above, we would not be in a position to obtain early sanction for lay out and especially when the idea behind our purchase was for real estate purposes.

Therefore we request you to hand over the copy of the judgment in O.S.No.169/86, 10/88 revenue records such as patta, chitta, adangal transferred in the name of all the legal heirs of Chokubai immediately so as to enable us to complete the sale at the earliest. Further you are also informed that in exercise of the Power of Attorney executed in our favour and as per the terms contained in the said power we have entered into a https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

further registered agreement with a third party who is insisting for the requisite documents and records essential for obtaining sanction for promoting the property. Therefore any misadventurous or speculative act of cancellation of the agreement or otherwise would only complicate the matter.”

The plaintiff in the reply comes forward with another Agreement and require the

defendants to produce documents of title, judgments, revenue records etc.,

indicating that they are not ready to perform their part of agreement under

Ex.A3. Contrary to the pleadings in the plaint, the plaintiff set up another

Agreement with different terms and expressed his willingness subject to

production of records.

13.This Court is unable to find any error in the finding of the Trial Court

that the plaintiff is not ready and willing to perform his part of the contract. It is

seen that the plaintiff stated in the reply notice that there was a dispute with

regard to the title of the suit property, which is the subject matter of the

Agreement and the defendants have not come forward to clear the doubt.

However, the plaintiff not only asked for details of certain civil proceedings and

copy of the judgment and decree in O.S.No.10 of 1998 but also pointed out that

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

the plaintiff was unable to verify the title of the suit property as adviced by his

lawyer. Further pointing out that the death of one of the parties, namely,

Tmt.Chokkubai Ammal who died on 29.04.2005, the plaintiff came forward

with the case that the title of defendants became defective unless fresh Power of

Attorney is executed and the revenue records are altered. Therefore, the plaintiff

expressed in unequivocal person that he cannot do anything further without the

title being verified by the production of necessary documents. Though the

plaintiff has taken such a stand, unfortunately, the learned senior counsel

appearing for the appellant is unable to explain the conduct of the plaintiff in

the reply notice.

14.It is admitted that Tmt.Chokkubai Ammal, who is none other than the

wife of Mr.A.S.Nagarathnam, one of the two brothers, along with her children

succeeded to one half share in the suit property. Since Mr.A.S.Nagarathnam

died, all the legal heirs namely the wife and children of Mr.A.S.Nagarathnam

were parties to the Sale Agreement. Tmt.Chokkubai Ammal died leaving behind

her own children who are also parties to the Sale Agreement. On account of the

death of Tmt.Chokkubai Ammal, her right has devolved on her children who are

defendants 1 to 7. In such circumstances, it is seen that the suit Agreement is

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

not affected by the death of Tmt.Chokkubai Ammal and the plaintiff was in a

position to proceed further with the development without any further document.

15.Strangely even in the reply notice to the defendants, the plaintiff has

not refused the specific averment or allegation in the notice which reads as

follows:

“Originally you have agreed to complete the entire transaction positively before 30.04.2005 later you wanted to extend the time by 15.06.2005 for various reasons.

Now you are very silent in executing the registered Sale Deeds by paying the balance sale consideration namely Rs.65,60,000/- You are aware for the above said purpose I met you along with the legal heirs and co-owners of the property on many occasions at your office for which you're not finding a proper or reasonable assurance or reply except indicating that you are having financial difficulty to complete the transaction”

When a specific allegation is made that the 8th defendant came along with his

legal heir and other co-owners of the property on many occasions to the office of

the plaintiff and were ready to complete the transaction, the plaintiff gave no

explanation in his reply notice under Ex.A6 dated 28.06.2005. https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

16.The learned senior counsel is unable to demonstrate before this Court

to show how the plaintiff has proved his readiness and willingness. From the

peculiar stand taken by the plaintiff in the reply notice under Ex.A6 and the

conduct of the appellant/plaintiff, the Trial Court had no option but to hold that

the plaintiff is not ready and willing to perform his part of the contract. This

Court has no reason to disregard the finding of the Trial Court. The plaintiff

having taken a stand in the reply notice, contrary to the terms of the Agreement

filed the suit for specific performance with unclean hands and hence he is not

entitled to the equitable relief of specific performance. It is fortunate for the

plaintiff to get a decree at least for the money which he had paid as an advance

under the Sale Agreement Ex.A3. It is not in dispute that the Trial Court has

granted a decree for specific performance in respect of a portion of the suit

property corresponding to the value which the plaintiff had paid under Ex.A3.

Even thought he plaintiff does not deserve a decree without showing his

readiness and willingness, this Court cannot modify the judgment and decree of

the Trial Court as there is no cross appeal, or independent appeal filed by the

defendants as against the decree. The judgment and decree of the Trial Court is

confirmed.

https://www.mhc.tn.gov.in/judis

A.S.No.838 of 2012

17.In the result, the appeal suit stands dismissed with costs.

Consequently, miscellaneous petition is closed.

                                                                      [SSSRJ]    [AANJ]
                                                                           25.01.2023
                cda
                Internet : Yes
                Index : Yes / No
                Neutral Citation : Yes / No




                                                                        S.S.SUNDAR, J.,
https://www.mhc.tn.gov.in/judis

                                                                   A.S.No.838 of 2012


                                                                               AND
                                                                A.A.NAKKIRAN, J.,

                                                                                 cda

                To

1.The Additional District and Sessions Judge, Fast Track Court No.I, Poonamallee.

2.Saravana Foundation Ltd., No.15 New Giri Road, T.Nagar, Chennai 600 017.

3.R.Palani, Sole Proprietor, R.K.P.Builders and Promoters, Plot No. 1510, T.S.Krishna Nagar, Mugappiar East, Chennai – 600 037.

4.The Section Officer, VR Records, High Court, Chennai.

A.S.No.838 of 2012

25.01.2023

https://www.mhc.tn.gov.in/judis

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 

LatestLaws Partner Event : IJJ

 
 
Latestlaws Newsletter