K. KARUPPURAJ versus M. GANESAN

K. KARUPPURAJ versus M. GANESAN

The High Court erred in disposing the first appeal without framing points for determination and without re-appreciating evidence, and it was impermissible to accept an affidavit in the first appeal that was contrary to the plaint without permitting amendment; the Trial Court properly found on the evidence that the plaintiff was not willing to purchase the property with tenants, and absence of willingness disentitles the plaintiff to a decree for specific performance; accordingly the High Court judgment was quashed and the Trial Court decree restored, with direction to refund the part consideration with interest.

Parties
Appellant: K. Karuppuraj; Respondent: M. Ganesan
Jurisdiction
India
Judgment Date
04 October 2021
Procedural Posture
Civil Appeal / Appeal From High Court (final Judgment)
Outcome
Appeals allowed in part; impugned High Court judgment quashed and set aside; Trial Court judgment and decree restored
Legal Topics
Readiness and Willingness, First Appeal Procedure Under Order XLI Rule 31, Amendment of Plaint Under Order VI Rule 17, Use of Affidavit in First Appeal, Refund of Part Consideration With Interest
Specific Performance Civil Procedure (cpc) Readiness and Willingness First Appeal Procedure Under Order XLI Rule 31 Amendment of Plaint Under Order VI Rule 17 Use of Affidavit in First Appeal Refund of Part Consideration With Interest

Case Brief

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Parties

K. Karuppuraj

Appellant

M. Ganesan

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (final Judgment)

Legal Issues

  1. 1 Whether the plaintiff had proved readiness and willingness to perform the contract
  2. 2 Whether the High Court improperly relied on an affidavit filed in the first appeal that was contrary to the plaint without permitting amendment under Order VI Rule 17 CPC
  3. 3 Whether the High Court complied with the requirements of Order XLI Rule 31 CPC in deciding the first appeal

Ratio Decidendi

The High Court erred in disposing the first appeal without framing points for determination and without re-appreciating evidence, and it was impermissible to accept an affidavit in the first appeal that was contrary to the plaint without permitting amendment; the Trial Court properly found on the evidence that the plaintiff was not willing to purchase the property with tenants, and absence of willingness disentitles the plaintiff to a decree for specific performance; accordingly the High Court judgment was quashed and the Trial Court decree restored, with direction to refund the part consideration with interest.

Court Disposition

Appeals allowed in part; impugned High Court judgment quashed and set aside; Trial Court judgment and decree restored

Orders

  • Impugned judgment and order of the High Court dated 27.11.2017 and 06.01.2020 in Appeal Suit No.94 of 2010 quashed and set aside
  • Judgment and decree passed by the Trial Court dismissing the suit for specific performance restored