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RAJASEKHAR MANTHA, SUPRATIM BHATTACHARYA
Manojit Bhattacharjee – Appellant
Versus
Suman Ganguly – Respondent
JUDGMENT :
Supratim Bhattacharya, J.
1. The instant appeal arises out of the Judgement and Decree passed by the Ld. Civil Judge, Senior Divn., 1st Court, Barasat North-24-Parganas in Title Suit No. 266 of 2011 dated 30.09.2013.
Through the impugned judgement the Ld. Trial Judge has been pleased to pass decree in the suit on contest without cost. The respondents-plaintiffs have been granted a decree for specific performance of the agreement for sale dated 24.02.2010 entered with the first defendant namely Manojit Bhattacharjee. The respondents-plaintiffs have also been directed to deposit the balance consideration amount and Manojit Bhattacharjee the then first defendant was directed to execute a conveyance in terms of the agreement for sale in favour of the respondents-plaintiffs after withdrawing the balance consideration amount.
2. The respondents were the plaintiffs in the Trial Court and are the intending purchasers whereas the appellants were the defendants in the Trial court and are the intending sellers of the property.
3. The fact of the instant lis is that Manojit Bhattacharjee, since deceased, the then the appellant No.1defendant No.1 and the respondents-plaintiffs entered int
The court affirmed the decree for specific performance of a registered agreement for sale, rejecting claims of multiplicity of suits and readiness to perform by the defendants.
The court upheld that a partition among co-owners allows individual members to execute sale agreements for their shares without needing consent from others, reinforcing the enforceability of prior co....
The plaintiff must prove the existence of a valid agreement and their readiness to perform, failing which the suit for specific performance cannot succeed.
An unregistered agreement for sale can be enforced for specific performance, and a rise in property prices alone does not justify denying such relief if the purchaser is ready and willing to perform.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
The court ruled that a specific performance claim requires the existence of valid foundational documents, particularly when minors are involved in property transactions, necessitating a retrial to pr....
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