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VIBHU BAKHRU, AMIT MAHAJAN
Narender Jain – Appellant
Versus
Anis Ahmed Rushdie (Deceased) Thr Lrs – Respondent
JUDGMENT
Vibhu Bakhru, J. -
Introduction
1. These appeals are directed against an order dated 24.12.2019 (hereafter 'the impugned order') delivered by the learned Single Judge in CS(OS) No.994/1977. The said suit was instituted for specific performance of an Agreement to Sell dated 22.12.1970 (hereafter 'the Agreement to Sell') in respect of property ad-measuring 5373 sq. yds. bearing No.4 Flagstaff Road, Civil Lines, Delhi (hereafter 'the suit property'). The said suit was decreed by the Supreme Court in terms of a judgment dated 03.12.2012 rendered in Civil Appeal No.8653/2012 and other connected appeals.
2. The Supreme Court directed specific performance of the Agreement to Sell, albeit at a consideration equivalent to market price as prevailing on the date of the said decision, that is, on 03.12.2012. Since there was no material to determine the said sale consideration, the Supreme Court remitted the matter to the Trial Court (learned Single Judge of this Court) to undertake the exercise of determining the market value of the suit property as on 03.12.2012.
3. The learned Single Judge, passed the impugned order determining the market value of the suit property, as on 03.12.2012, at
The main legal point established in the judgment is that the determination of the market value for specific performance should be based on the material and evidence placed before the Court, and the i....
(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 court reinforced that specific performance can be granted if the plaintiff proves readiness to perform, regardless of price escalation, citing a precedent that supports enforcing agreements despi....
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.
The court held that time is of the essence in contracts for the sale of land, and undue delay in filing for specific performance can negate entitlement to relief.
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
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