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MAHENDAR KUMAR GOYAL
Munnabai S/o W/o Iliyas Mohammad – Appellant
Versus
Abdul Aziz S/o Late Shri Jamal Khan – Respondent
JUDGMENT :
This civil second appeal is preferred against the judgment and decree dated 03.05.2019 passed by the learned Additional District Judge Malpura District Tonk (for brevity, “the learned Appellate Court”) in CRA No.3/2013 whereby, while dismissing the appeal, the judgment and decree dated 31.10.2012 passed by the learned Civil Judge (Junior Division) Todaraisingh, District Tonk (for brevity, “the learned trial Court”) in Civil Suit No.2/2005 dismissing the suit filed by the appellant/plaintiff (for brevity, “plaintiff”) for specific performance of the agreement and declaration, has been affirmed.
2. The relevant facts in brief are that the plaintiff filed a suit against the respondents/defendants (for brevity, “defendants”) stating therein that Late Jamal Khan, the predecessor-in-interest of the defendants, have executed an agreement to sell dated 11.09.1987 in her favour of his agricultural land comprising of Khasra No.4505 measuring 0.19 hectare and Khasra No.4506 measuring 0.54 hectare Ward No.16, Village Todaraisingh, District Tonk and its possession was also handed over to her. It was averred that despite her repeated request, Late Shri Jamal Khan did not execute the sal
Point of Law : Plaintiff was never in possession of the subject property and it was in the exclusive possession of the defendants.
The requirement to produce attesting witnesses to prove the validity of an alleged agreement to sell and the importance of timing in relation to the filing of a suit for specific performance.
Court emphasized that once agreements are executed and earnest money paid, specific performance can be enforced unless clear evidence of coercion or duress is presented.
The presumption of validity of a registered agreement for sale cannot be rebutted without substantial evidence, and the burden of proof lies on the party challenging it.
(1) At the stage of first appeal, being in continuation of suit, subsequent events occurred during course of first appeal may also be not left out of consideration. (2) Agreement to Sell – Presumptio....
The plaintiff must prove a valid agreement and readiness to perform for specific performance; failure to establish these elements results in dismissal of the claim.
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