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Documents citing Alagammal vs M.S. Rajagopala Servai on 5 November, 1975

The Kancheepuram Kamakshi Amman Silk ... vs Yamuna Bai And Ors. on 6 January, 1993

11. Learned Counsel referred to a judgment of V. Sethuraman, J. in Alagammal v. Rajagapala Servai (1976)2 M.L.J. 397. The learned Judge held in that case that it was not necessary for the plaintiff to actually tender the money or deposit the same in court except when the court directed the same. According to that judgment, it is sufficient if the plaintiff avers readiness and willingness to perform the contract according to its true construction. That ruling will have no bearing on the present case. No doubt, there is an averment in the plaint that the plaintiff is ready and willing to perform its part. We have already referred to the evidence on record which disproves the averments is of the plaintiff. The plaintiff has miserably failed to prove in this case readiness and willingness to perform the contract.
Madras High Court Cites 5 - Cited by 11 - Full Document

Mr. Alati Venkatarama Reddyavr And ... vs Sri Bhagwan Sri Balasai Baba Central ... on 15 October, 2025

Kandaswami Mudaliar Vs. Munuswamy Udayar and Others, and Alagammal Vs. M.S. Rajagopala Servai, clearly lay down that it is not essential to the plaintiff to actually tender the money involved or deposit the money in the Court, except when so specifically directed by the Court. This exception does not mean that the Court has jurisdiction to issue direction for deposit of balance consideration even at the inception stage of the proceedings, i.e., at the stage of registering and entertaining the suit. What all required by Section 16(c) of the Specific Relief Act is that the plaintiff should aver performance of, or readiness and willingness to perform, his part of the contract. Admittedly, there is such an averment and in fact certain money was paid even at the time of entering into the agreement, some more later on, and the balance money is obtained by the plaintiffs as a loan sanctioned by the Life Insurance Corporation and there are specific 14 NNRJ C.R.P. No.2218 of2019 averments in this behalf made in the plaint.
Telangana High Court Cites 9 - Cited by 0 - Full Document
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