Navarajakulam Muthukumaraswamy and Vaithilingam Muthukumaraswamy vs Suresh Thirugnanasampanthan and Gowreshwary Suresh – SC APPEAL NO. 122/2013-2013

In the case between Navarajakulam Muthukumaraswamy and Vaithilingam Muthukumaraswamy (Plaintiffs/Appellants) and Suresh Thirugnanasampanthan and Gowreshwary Suresh (Defendants/Respondents), the court addressed the enforceability of an informal sale agreement for a housing unit in light of the Prevention of Frauds Ordinance, where notarization requirements had not been complied with at the time of execution. The court determined that the binding nature of the agreement was not vitiated by technical defects in attestation or the absence of a title deed at the initial stage, especially as delays were attributed to the inability of the plaintiffs to transfer title. It was held that specific performance could not be enforced against the defendants under such circumstances. The holding reaffirme