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HIGH COURT OF CHHATTISGARH, BILASPUR
Smt Justice Rajani Dubey, Shri Justice Bibhu Datta Guru, JJ
Shekhar Gupta Kaveri Shah, S/o Shri Harinarayan Gupta – Appellant
Versus
Smt. Meena Singh, W/o Late Arun Singh – Respondent
Judgment :
(Rajani Dubey, J.)
1. The appellant/defendant No.1 has preferred this first appeal being aggrieved by the judgment and decree dated 25.07.2017 passed by 2nd Additional District Judge, Ambikapur, Sarguja (C.G.), in Civil Suit No.A-25/2014, whereby the suit filed by the plaintiff/respondent No.1 herein for specific performance of contract and recovery of amount has been partly allowed. The parties to this appeal shall be referred herein as per their description before the trial Court.
2. Brief facts of the case, as per plaint averments, are that the plaintiff's husband Late Shri Arun Singh was posted as Sub Engineer in the Rural Engineering Department, Govt. of Chhattisgarh, and working in the charge of Sub-Divisional Officer. During the service period, plaintiff’s husband died untimely on 19.04.2010. The plaintiff and her children being the legal heirs received a large sum of money after the death of her husband/father, which was deposited by the plaintiff in different accounts to secure her family’s future. The plaintiff's husband during his lifetime had purchased a plot in Dutta Colony and had constructed a two storey residential building on it. After the death of her husb
In specific performance cases, the plaintiff must prove readiness and willingness, and without necessary permissions, the sale cannot be enforced, leading to recovery of amounts paid due to unjust en....
A plaintiff seeking specific performance must prove both readiness and willingness to perform the contract, failing which the court may order a refund of earnest money instead.
The court ruled that a written contract prevails over oral agreements, and unjust enrichment principles require the return of amounts paid towards part performance of a contract.
The plaintiff must convincingly demonstrate readiness and willingness to fulfill contractual obligations for specific performance.
The main legal point established in the judgment is that the plaintiff's failure to obtain necessary documents and contradictory actions led to the dismissal of the specific performance claim. Additi....
The main legal point established in the judgment is that time was not the essence of the contract, and the conduct of the parties indicated an extension of time for performance.
The plaintiff's continuous readiness and willingness to perform the contract, as well as the concept of unjust enrichment, were central legal principles established in the judgment.
Specific performance requires all parties' consent in an agreement; plaintiffs must prove readiness and willingness to fulfill contractual obligations.
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