M.Sankar Nadar vs Deva Krishnan on 20 January, 2017
i) M.Sankar Nadar and Another Vs. Deva
Krishnan reported in 2017-1-CTC 561.
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1 - 10 of 22 (0.26 seconds)S.K. Panchaksharam Mudaliar (Died) And ... vs T.V. Kanniah Naidu And Ors. on 12 June, 1984
ii) Panchaksaram Mudalier (Died) ... Vs.
T.V.Kanniah Naidu reported in 1998 Law Weekly 674.
K.S. Vidyanadam And Ors vs Vairavan on 6 February, 1997
i) K.S.Vidyanadam and Others Vs. Vairavan
reported in (1997) 3 SCC 1.
J.Dhanapal vs V.Manimala on 10 November, 2022
https://www.mhc.tn.gov.in/judis
A.S.(MD).No.157 of 2016
21.2. On careful perusal of the said judgment, it is clear that the
discretionary relief of specific performance could be granted only if the
plaintiff makes out case, that too strong case for exercising discretion by
Courts and the Courts should meticulously consider all case and Court is
not bound to grant specific performance. Merely because, it was lawful to
do so, and further, it is clear that in the suit for specific performance,
bounden duty of the plaintiff is to prove that he is ready and willing to
perform his part of the contract and the plaintiff failed to give reasons for
delay in issuing suit notice and further delay in filing suit, the plaintiff is
not entitled to the discretionary relief of specific performance. In the case
on hand also the plaintiffs issued suit notice with huge delay and the
delay was not properly explained and even after the notice, the suit was
filed with further delay and the plaintiffs have failed to prove their
readiness of willingness. Therefore, the said case laws are squarely
applicable to the present facts of the case.
Seth Loonkaran Sethiya And Ors. vs Mr. Ivan E. John And Ors. on 20 October, 1976
i) Seth Loonkovan Setiyan and Others Vs.
Mr.Ivan E.Sohn and Others reported in 1977 1 SCC
P.Swaminathan vs M.Chidambaram : 1St on 25 April, 2014
https://www.mhc.tn.gov.in/judis
A.S.(MD).No.157 of 2016
21.4. On careful perusal of the said judgment, it is clear that in a
suit for specific performance, the defendants must also come to the Court
with clean hands and they cannot find fault with the plaintiffs' case and
get the dismissal order. The said case law will not be applicable to the
present facts of the case because, in this case, no any pleading in respect
of any fraud or other mistakes committed by the defendants. In view of
the above said judgments and discussions, this Court is of the opinion
that the plaintiffs are not entitled to the relief of special performance of
contract. Thus, the point is answered.
Padmakumari & Ors vs Dasayyan & Ors on 7 April, 2015
i) Padmakumari and Others Vs. Dasayyan and
Others reported in 2015 8 SCC 695.
G.Ramalingam vs T.Vijayarangam on 6 November, 2006
iii) G.Ramalingam Vs. T.Viyayarangan reported
in 2007 1 CTC 243.
Basavaraj vs Padmavathi on 5 January, 2023
ii) Basavaraj Vs. Padmavathis and Another
reported in 2021 Live Law (SC) 17.
B.B.Patel . vs Dlf Universal Ltd. on 25 January, 2022
17.3. The learned counsel appearing for the respondents has
further relied the judgment in B.B.Patel and Other Vs. DCF Universal
Limited reported in (2022) 6 SCC 742.