T. Mohamed Razak vs N. Ammal Thiyagarajah and K. Thiyagarajah – SC APPEAL 110/2010-2017

In the case between T. Mohamed Razak (Plaintiff/Appellant) and N. Ammal Thiyagarajah, K. Thiyagarajah (Defendants/Respondents), the court addressed whether the Plaintiff was entitled to specific performance under an Agreement to Sell (No. 2795) in light of the Plaintiff’s purported non-performance and other related contractual issues. It was held that failure by the Plaintiff to submit a draft Transfer Deed and to make full payment, coupled with the impossibility of providing vacant possession due to an ongoing tenancy, precluded entitlement to specific performance. The principle reaffirmed was that specific performance is a discretionary equitable remedy only available when contractual obligations are strictly met, and impossibility or failure to perform on essential terms disqualifies su