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GOUTAM BHADURI, SANJAY S. AGRAWAL
Anil Kumar Sethaiya S/o Chunnilal Sethaiya Jain – Appellant
Versus
Gourishankar Gupta S/o Late Krishna Chand Gupta – Respondent
ORDER :
Sanjay S. Agrawal, J.
1. This appeal has been preferred by the defendants under Section 96 of the Code of Civil Procedure, 1908, questioning the legality and propriety of the judgment and decree dated 11.09.2014 passed by the learned First Additional District Judge, Ambikapur, District Surguja in Civil Suit No.11-A/2013, whereby the learned trial Court has dismissed the plaintiff’s claim for specific performance of contract. The parties shall be referred hereinafter as per their descriptions before the Court below.
2. The facts, which are essential for adjudication of this appeal, are that a suit for specific performance of contract was instituted by the plaintiff on 05.09.2013 alleging, inter alia, that the defendants No.1 & 2, who have inherited the land in question bearing Khasra No.2945 admeasuring 0.06 acres constructed with an old house situated at Sadar Road, Ambikapur, upon the sad demise of their father-Krishna Chand Gupta agreed to alienate the same to him by executing an agreement to sale dated 07.06.2008 for a consideration of Rs.10,00,000/-, upon receiving the
The main legal point established is that in a suit for specific performance of contract, the plaintiff must demonstrate readiness and willingness to perform the contract, and the suit must be filed w....
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.
In a suit for specific performance where no time is fixed, the limitation period begins upon notice of refusal. An unregistered sale agreement is admissible under Section 49 of the Registration Act, ....
The court reaffirmed that suits for specific performance must be filed within the limitation period, and failure to do so results in dismissal.
The continuous readiness and willingness of the plaintiff to perform her part of the contract is a condition precedent to grant the relief of specific performance.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
The plaintiff's failure to file the suit within the limitation period and to prove readiness and willingness to perform the contract resulted in dismissal of the specific performance claim.
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