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Documents citing Nagarathinam vs S.Jaya on 6 June, 2018

Kesavaraman vs Narayanan (Died) on 2 January, 2026

(iii) Nagarathinam v. S. Jaya The appellant placed reliance on paragraph 18 of the said decision to contend that omission to mention the building in the sale agreement would not defeat a claim for specific performance. The contention is untenable. In that case, the omission was held to be immaterial only because the identity of the property was clearly established, the extent and boundaries were undisputed, and the plaintiff had continuously demonstrated readiness and willingness. In the present case, the factual matrix is materially different, rendering the said decision inapplicable.
Madras High Court Cites 13 - Cited by 0 - Full Document

Kesavaraman vs Narayanan (Died) on 2 January, 2026

(iii) Nagarathinam v. S. Jaya The appellant placed reliance on paragraph 18 of the said decision to contend that omission to mention the building in the sale agreement would not defeat a claim for specific performance. The contention is untenable. In that case, the omission was held to be immaterial only because the identity of the property was clearly established, the extent and boundaries were undisputed, and the plaintiff had continuously demonstrated readiness and willingness. In the present case, the factual matrix is materially different, rendering the said decision inapplicable.
Madras High Court Cites 13 - Cited by 0 - Full Document

Kuppayee vs P.Subramanian .. 1St

18(i). For the reasons extracted supra, the appellant/defendant has not willing to cooperate for completion of the sale transaction and hence the order passed by the lower Appellate Court ordering specific performance is just and proper for the different reasoning as discussed supra. Accordingly, the judgment and decree passed by the lower Appellate Court does not warrant any interference. Before parting the suit sale agreement is of the year 1994 and in view of the escalation of the real estate the value of the property could be more as compared to the agreed price and therefore, the decision reported in 2017 (1) CTC 46 in Nagarathinam vs. S.Jaya, wherein ______________ Page No.17 of 20 https://www.mhc.tn.gov.in/judis S.A.No.1074 of 2012 this Court has followed the ratio laid down by the Hon'ble Supreme Court and taking note of escalation in Real Estate, has enhanced the sale consideration, land owner cannot be called upon to sell the property for the price agreed in the year 1994 and has to be suitably benefited by enhancing the sale consideration by exercising the power under Section 100 CPC as stated by the Hon'ble Apex Court accordingly, sale consideration of Rs.1,22,000/- fixed in the sale agreement and hence in the interest of justice, the sale consideration is refixed at Rs.11,22,000/- and accordingly, the balance of sale consideration has to be deposited by the respondent/plaintiff in twelve weeks from the date of receipt of a copy of this judgment.
Madras High Court Cites 6 - Cited by 0 - Full Document

Kuppayee vs P. Subramanian on 6 November, 2025

“18(i). For the reasons extracted supra, the appellant/defendant has not willing to cooperate for completion of the sale transaction and hence the order passed by the lower Appellate Court ordering specific performance is just and proper for the different reasoning as discussed supra. Accordingly, the judgment and decree passed by the lower Appellate Court does not warrant any interference. Before parting the suit sale agreement is of the year 1994 and in view of the escalation of the real estate the value of the property could be more as compared to the agreed price and therefore, the decision reported in 2017 (1) CTC 46 in Nagarathinam vs. S.Jaya, wherein this Court has followed the ratio laid down by the Hon'ble Supreme Court and taking note of escalation in Real Estate, has enhanced the sale consideration, land owner cannot be called upon to sell the property for the price agreed in the year 1994 and has to be suitably benefited by enhancing the sale consideration by exercising the power under Section 100 CPC as stated by the Hon'ble Apex 2 C.A.No. 14950/2024 Court accordingly, sale consideration of Rs.1,22,000/- fixed in the sale agreement and hence in the interest of justice, the sale consideration is refixed at Rs.11,22,000/- and accordingly, the balance of sale consideration has to be deposited by the respondent/plaintiff in twelve weeks from the date of receipt of a copy of this judgment.”
Supreme Court - Daily Orders Cites 2 - Cited by 0 - Full Document

Kuppayee vs P. Subramanian on 19 December, 2024

“18(i). For the reasons extracted supra, the appellant/defendant has not willing to cooperate for completion of the sale transaction and hence the order passed by the lower Appellate Court ordering specific performance is just and proper for the different reasoning as discussed supra. Accordingly, the judgment and decree passed by the lower Appellate Court does not warrant any interference. Before parting the suit sale agreement is of the year 1994 and in view of the escalation of the real estate the value of the property could be more as compared to the agreed price and therefore, the decision reported in 2017 (1) CTC 46 in Nagarathinam vs. S.Jaya, wherein this Court has followed the ratio laid down by the Hon'ble Supreme Court and taking note of escalation in Real Estate, has enhanced the sale consideration, land owner cannot be called upon to sell the property for the price agreed in the year 1994 and has to be suitably benefited by enhancing the sale consideration by exercising the power under Section 100 CPC as stated by the Hon'ble Apex Court accordingly, sale consideration of Rs.1,22,000/- fixed in the sale agreement and hence in the interest of justice, the sale consideration is refixed at Rs.11,22,000/- and accordingly, the balance of sale consideration has to be deposited by the respondent/plaintiff in twelve weeks from the date of receipt of a copy of this judgment.”
Supreme Court - Daily Orders Cites 2 - Cited by 0 - Full Document
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