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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Ghanshyam Tiwari, S/o. Late Shri Khulu Ram Tiwari – Appellant
Versus
Rajdeep Arora S/o. Charanjeet Arora – Respondent
JUDGMENT :
Goutam Bhaduri, J.
Heard.
1. Challenge in the present appeal is to the Judgment and decree dated 22/11/2016 passed in Civil Suit No. 6A/2012 by the I Additional District Judge, Bilaspur, whereby a suit for specific performance was decreed in favour of the Respondent/Plaintiff.
2. The brief facts of the case are that Plaintiff-Rajdeep Arora through his power of attorney holder Chitpal Singh Waliya, filed a civil suit on 21/02/2012 on the ground that the original defendant Kheduram (since dead) had entered into an agreement for sale of his property on 18/12/2009 for a sale consideration of Rs.12,25,000/-, out of it an amount of Rs.2,00,000/- was paid towards earnest money. The property comprises of total 8 Khasara numbers i.e. (2033/6, 2036/3), (2033/7, 2036/4), (2033/8, 2036/5), 2028/1, 2035/3, 2028/4, 2036/1, 2028/2), admeasuring total 4.27 acres situated at Mopka, tahsil and district Bilaspur.
3. Further pleading is that during the subsistence of the contract, an amount of Rs.50,000/- was paid on 24/02/2010 thereby the amount of earnest money was inflated to Rs.2,50,000/-, and date for execution of the sale deed which was earlier fixed for 17/03/2010, was further extended. T
The main legal point established in the judgment is the requirement for the plaintiff to prove financial capacity and willingness to perform the contract, as mandated by Section 16(c) of the Specific....
The readiness and willingness of the parties in a suit for specific performance, especially when the agreement is admitted by the vendor, is crucial for deciding whether the plaintiff deserves a decr....
The appellate court emphasized that specific performance requires proof of the plaintiff's readiness and willingness to perform the contract, which was not adequately addressed by the trial Court.
A plaintiff in a specific performance suit must prove continuous readiness and willingness to perform their contractual obligations throughout, as mandated by Section 16(c) of the Specific Relief Act....
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