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VIBHU BAKHRU, TARA VITASTA GANJU
Sarabjeet Singh – Appellant
Versus
Anup Sharma – Respondent
JUDGMENT
TARA VITASTA GANJU, J.:
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| TABLE OF CONTENTS |
| Preface | |
| Brief Facts | |
| Impugned Judgment | |
| Contentions | |
| Analysis & Findings | |
Preface
1. The present Appeal has been filed impugning judgment and decree dated 17.05.2016 in CS(OS) No.439 of 2008 passed by the learned Single Judge of this Court [hereinafter referred to as “Impugned Judgment”] wherein the suit for specific performance of two Agreements to Sell dated 19.06.2006 and for declaration of Gift Deed dated 05.09.2006 as null and void filed by the Appellant/Plaintiff was dismissed.
2. The present appeal is in respect of a free hold property bearing Plot No. 16-G, Block No. D, admeasuring 247-9/10 sq. yards located in Hauz Khas Enclave, Village Kharera, Delhi [hereinafter referred to as “subject premises”] wherein Sh. Jagdish Chander Sharma, the predecessor-in-interest of Defendant/Respondent Nos. 1 to 3, was the owner of the ground floor portion of the subject premises [hereinafter referred to as “Ground Floor of the subject premises”] and Late Shri Badri Nath Sharma, survived by the Defendant/Respondent Nos. 4, 5, 8 and 9, were the co-owners of the first floor, second floor and porti
Continuous readiness and willingness to perform a contract is essential for specific performance; failure to demonstrate this results in dismissal of the claim.
Specific performance requires proof of continuous readiness and willingness by the plaintiff, and failure to demonstrate this justifies denial of relief.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
Continuous readiness and willingness on the part of the plaintiff is a condition precedent for obtaining relief of grant of specific performance, as mandated by Section 16(c) of the Specific Relief A....
Continuous proof of readiness and willingness is essential for specific performance; failure to prove financial capacity and timely action disallows enforcement.
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
(1) Suit for Specific Performance – Plaintiff must establish that he was ready and willing to perform contract – In this regard, conduct of plaintiff must be consistent.(2) Generally, time is not of ....
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