Legal Helis of Original Owner can not refuse to perform Contract on ground of delay - Supplementary Agreement extends time for completion of Contract

Citation 

2024 (2) MWN (Civil) 561 (Mad)

IN THE HIGH COURT OF MADRAS

P.B. Balaji, J.

Tr.C.M.P.(MD) No.332 of 2023, CR.P. (MD) Nos. 1285, C.R.P. (MD) Nos. 1345, C.R.P. (MD) Nos. 1346 of 2023, C.M.P. (MD) Nos. 7226, C.M.P. (MD) Nos. 6314, C.M.P. (MD) Nos.6701, C.M.P.(MD) Nos. 6702 of 2023

March 15, 2024

Nagarajan.       ....Appellant

...Vs...

Selvi @ Sellammal (died). 1. Kanagaraj. 2. Santhi @ Valarmathi. 3. Vasanthi @ Vijayamala.          ...Respondent

SPECIFIC RELIEF ACT, 1963 (47 of 1963), Section 16(c) Readiness and Willingness in a Suit for Specific Performance Whether Legal Helis of Original Owner can refuse to perform Contract on ground of delay in approaching Defendants Signatures and contents of initial Sale Agreement and Supplementary Agreement admitted by Defendant in cross- examination Supplementary Agreement clearly evidences entire Sale consideration paid by Plaintiff to Original Owner and was put in possession Held, upon proof of payment of entire Sale consideration by Plaintiff, nothing further needs to be proved by Plaintiff No delay as Supplementary Agreement extends time for completion of Contract sine-die Onus on Defendant to execute and register Sale Deed. (Paras 29, 31 & 32