P. MEENAKSHISUNDARAM versus P. VIJAYAKUMAR & ANR.

P. MEENAKSHISUNDARAM versus P. VIJAYAKUMAR & ANR.

Respondent no.1 failed to plead and prove his continuous readiness and willingness to perform contractual obligations, did not fulfill payment conditions or take requisite steps for completion, thus not entitled to specific performance. The appellant is entitled to recovery of possession and refund of advance.

Parties
Appellant: P. Meenakshisundaram; Respondent No.1: P. Vijayakumar; Respondent No.2: Federal Bank Ltd. (added as second defendant)
Jurisdiction
India
Judgment Date
28 March 2018
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeals allowed; suit for specific performance dismissed; counter-claim for recovery of possession allowed.
Legal Topics
Specific Performance, Readiness and Willingness, Encumbrance, Possession, Mesne Profits, Refund of Advance
Contract Law Property Law Specific Relief Specific Performance Readiness and Willingness Encumbrance Possession Mesne Profits +1 more

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Parties

P. Meenakshisundaram

Appellant

P. Vijayakumar

Respondent No.1

Federal Bank Ltd. (added as second defendant)

Respondent No.2

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether respondent no.1 was ready and willing to perform his part of the contract for specific performance.
  2. 2 Whether respondent no.1 was validly put in possession pursuant to contractual arrangement.
  3. 3 Whether appellant is entitled to recovery of possession and refund/mesne profits.

Ratio Decidendi

Respondent no.1 failed to plead and prove his continuous readiness and willingness to perform contractual obligations, did not fulfill payment conditions or take requisite steps for completion, thus not entitled to specific performance. The appellant is entitled to recovery of possession and refund of advance.

Court Disposition

Appeals allowed; suit for specific performance dismissed; counter-claim for recovery of possession allowed.

Orders

  • Appellant to refund Rs.18 lakhs to respondent no.1 within three months (no interest; in case of delay, interest at 7.5% per annum).
  • Respondent no.1 to deliver vacant and peaceful possession of the suit property to appellant within one month.