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J. B. PARDIWALA, R. MAHADEVAN
Manjit Singh – Appellant
Versus
Darshana Devi – Respondent
ORDER
1. Leave granted.
2. This appeal arises from the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dated 22-1-2019 in Regular Second Appeal No.1145/1992 by which the High Court allowed the Second Appeal filed by the original plaintiff and thereby decreed the suit of the plaintiff granting specific performance of oral agreement of sale of the year 1986.
3. The facts giving rise to this appeal may be summarized as under.
4. The Respondent No.1 – herein (original plaintiff) instituted suit for specific performance of contract based on an unregistered sale deed dated 12-02-1986 with respect to the suit property.
5. It appears from the materials on record that the original defendant No.1, i.e., the owner of the suit property after entering into an agreement with the plaintiff transferred the suit property in favour of the defendants Nos.2 and 3 respectively i.e., the appellants before us by way of a sale deed dated 29-8-1986.
6. In such circumstances, the Respondent No.1 - herein (original plaintiff) had to institute the Civil Suit No.27/1987 praying for specific performance.
7. The Trial Court allowed the suit in favour of the plaintiff. The subsequent purc
Agreement to sell – Onus is on subsequent purchaser to prove that he purchased property in good faith and also bona fide purchaser for value.
Point of Law - Section 16 (c) of the Act of 1963 provides that specific performance of a contract cannot be enforced in favour of a person who fails to prove that he has performed or has always been ....
The court determined the bonafide status of the purchaser without notice and the necessity for the plaintiff to prove readiness and willingness for specific performance.
The plaintiff's failure to prove readiness and willingness to perform the essential terms of the contract, as required by Sec. 16(c) of the Specific Relief Act, influenced the Court's decision to set....
The court established that a plaintiff must continuously demonstrate readiness and willingness to perform a contract for specific performance, while the burden lies on a subsequent purchaser to prove....
(1) Second Appeal – Jurisdiction of High Court in second appeal under Section 100 of CPC is strictly confined to the case involving substantial question of law.(2) Written Statement – Mere failure or....
The main legal point established in the judgment is the requirement for the plaintiff to prove the execution of the agreement of sale, payment of consideration, and continuous readiness and willingne....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform the contract, and failure to do so can result in the dismissal of the suit.
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
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