2013 AIR CC 855 (MAD) ::AIR 2013 (NOC) (SUPP) 474 (MAD.)

Madras High Court

Hon'ble Judge(s): G. Rajasuria , J

(A) Specific Relief Act (47 of 1963) S. 16, 20 — Agreement to sell — Specific performance — Entitlement to — Huge sum paid as full consideration — Yet vendee did not get sale-deed executed on same date or within short span of time — Conduct of vendee fell foul of Ss 16 and 20 — Vendee himself attested subsequent sale agreement between vendor and third party in respect of same suit property — Had really suit agreement been in existence, vendee would not have attested subsequent agreement — Vendee being vendor— s friend would have very well in all probabilities known about contents of subsequent sale agreement — Consistent case of vendor that he signed agreement while it was blank — It cannot be assumed or presumed as though such stray answer would amount to clear and categorical admission on part of vendor — Suit agreement to sell could not be construed strictly as an agreement to sell — Failure to prove readiness and willingness — Vendee not entitled to relief of specific performance Maxims, and phrases — In re dubia magis infitiatio quam affirmatio intelligenda — Applicability (Para 13,14,17,18,28,32,33) .....