Back
GOUTAM BHADURI, SACHIN SINGH RAJPUT
Birendra Kumar Tiwari – Appellant
Versus
G. S. Arora, S/o. Late Deshraj Arora – Respondent
JUDGMENT :
(Goutam Bhaduri, J.)
1. The instant appeal is against the judgment and decree dated 28.02.2018 passed by the third Additional District Judge, Durg, whereby the suit for specific performance of agreement was decreed.
2. As per the plaint allegations, appellant/defendant owned a land bearing Kh.No.717/44 admeasuring 2086 sq.ft., wherein at the ground floor, construction of 1032 sqft was made and at the first floor construction of 930 sqft was made. The property is situated at Mouja Kasaridih, Ward No.42, Lane No. 1 P.H.No.18/25, Tahsil & District Durg. Plaintiff G.S. Arora averred that an agreement to sell the property was made by the seller-defendant for Rs.12 lakhs, out of which, 8 lakhs was paid by the plaintiff (Appellant no.1 herein) and further, the agreement was executed on 22.07.2011 and was got registered. As per the terms of the agreement, the remaining amount of Rs.4 lakhs was to be paid at the time of registration of sale deed. The plaintiff further averred that when the sale deed was not executed within the specified time, the defendant was asked to execute it, on which, the defendant sought time and another agreement was executed on 21.11.2011 that he will ex
In suits for specific performance, the burden lies on the defendant to prove claims that a sale agreement was a loan; the plaintiff must demonstrate continuous readiness and willingness to perform th....
The court held that a plaintiff must prove readiness and willingness in specific performance claims, and doubts regarding the authenticity of an agreement can lead to dismissal.
Mere escalation of price does not constitute hardship to the vendor, and the conduct of the parties and the terms of the agreement are crucial in determining entitlement to specific performance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
