Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMEET PRITAM SINGH ARORA
Parmeet Singh Anand – Appellant
Versus
Subhash Chand Aggarwal – Respondent
| Table of Content |
|---|
| 1. plaintiffs seek specific performance of a property sale. (Para 1 , 2 , 3) |
| 2. details of disputed agreement and alleged payments. (Para 4 , 5 , 6) |
| 3. discusses legal standing and evidence surrounding the agreements. (Para 7 , 8 , 9 , 10 , 11) |
| 4. court's expectation of readiness and timeliness in claims. (Para 12 , 13 , 14 , 15 , 16) |
| 5. outcome based on findings of forgery and plaintiffs' inaction. (Para 18 , 19 , 20) |
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
I.A. No. 20016/2022 (Under Order XXXIX Rule 1 and 2 CPC)
I.A. 14311/2023 (Under Order XXXIX Rule 4 CPC)
1. The Plaintiffs have filed the present suit for specific performance and injunction with respect to Agreement-cum-Receipt dated 12.07.2020,whereby, it is alleged that Defendant No. 1 agreed to sell the entire built up first floor of the free hold property bearing No. A-22 situated in the layout plan of Gujranwala Cooperative House Building Society Ltd. situated at Gujranwala Town, Delhi-110009 admeasuring 433.75 square yards [‘suit property’] to the Plaintiffs.
2. I.A. No. 20016/2022 is an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [‘CPC’] filed by the Plaintiffs seeking an ex-p
A purchaser's delay in filing for specific performance, especially amidst rising property values, challenges claims of readiness and willingness, rendering them ineffective.
Time is not generally considered the essence of contracts for the sale of immovable property; however, specific circumstances may necessitate its strict enforcement. A valid agreement can only be mod....
Agreement to Sell – Suit for specific performance based on bald and vague pleadings must necessarily be rejected – There is distinction between readiness to perform contract and willingness to perfor....
The failure to verify the title and other documents before entering into a sale agreement, and the non-registration of the agreement as required by law, can lead to the dismissal of a suit for specif....
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
Time is generally not considered essence in immovable property contracts; refusal to perform requires consideration of readiness alongside equitable claims for refund.
In discretionary specific performance cases, courts must balance hardship and enforceability; mere proof of agreement does not guarantee relief when it risks severe hardship for the defendant.
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
