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SUDESH BANSAL
Anil Kumar S/o Raja Ram Sharma – Appellant
Versus
Shailendra Kumar Agrawal S/o Rajendra Kumar @ Rajendra Prasad – Respondent
JUDGMENT :
SUDESH BANSAL, J.
1. Appellant-plaintiff has preferred this second appeal under Section 100 CPC against the judgment and decree dated 08.05.2018 passed in Civil First Appeal No. 56/2016 by the Court of Additional District Judge No. 3, Ajmer affirming the judgment and decree dated 23.02.2008 passed in Civil Suit No. 69/93 (405/91) by the Court of Additional Civil Judge (Senior Division) No. 2, Ajmer whereby and whereunder appellant-plaintiff’s suit for specific performance was dismissed on merits.
2. Heard counsel for appellant and perused the record.
3. The relevant facts in brief are that appellant-plaintiff claims to have an agreement dated 21.12.1983 (date in the agreement wrongly mentioned as 21.10.1983) to purchase the disputed plot against the sale consideration of Rs. 34,125/- and against which alleged to pay Rs. 2,500/- to respondents-defendants. Plaintiff has instituted the civil suit for specific performance dated 11.12.1991, taking a stand that the disputed plot was part of the agricultural land and hence before transfer of the said plot, it was necessary to get no objection from the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 (here
The appeal granted specific performance of a contract, confirming readiness and willingness of the plaintiff meets legal standards.
The ruling emphasizes the necessity of fulfilling contractual obligations for specific performance and the implications of non-compliance by the seller.
To secure a decree for specific performance, plaintiffs must demonstrate continuous readiness and willingness, supported by credible evidence, amidst a contract that specifies actionable terms.
Vendor bears responsibility for obtaining N.A. permission; failure to act on part of vendor invalidates defense against breach claim.
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....
The court affirmed that a plaintiff must demonstrate continuous readiness and willingness to perform a contract to be entitled to specific performance of the agreement; otherwise, claims may be dismi....
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