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NARENDRA SINGH DHADDHA
Meera Meena, W/o. Shri Kumbharam Meena – Appellant
Versus
Hanju Devi, W/o. Bajaji – Respondent
JUDGMENT :
1. Instant appeal has been filed by the appellant-plaintiff (for short ‘the plaintiff’) against judgment and decree dt. 11.8.2016 passed by Additional District Judge No.2, Sikar in Civil Regular Suit No.(140/2008) 218/2009 whereby suit filed by the plaintiff for specific performance, cancellation of sale deed dt.7.9.2006 and permanent injunction has been dismissed.
2. Brief facts of the case are that plaintiff filed a suit for specific performance, cancellation of sale deed dt. 7.9.2006 and permanent injunction against the respondents-defendants (for short ‘the defendants’) stating therein that defendant No.1 was having 2/5th share in the land of khasra No.151 to 157 and 154/3847 measuring Rakbha 23.8500 hectare and she was also having khatedari rights in the land of khasra no.161, 162, 163 and 164 measuring rakbha 2.1300 hectare situated in Village Khatushyam Ji Tehsil Dantaramgarh, District Sikar. On 5.7.2006, defendant No.1 had entered into an agreement to sell with the plaintiff to sale the aforesaid land for a sale consideration of Rs.29,52,001/-and executed the same on five non-judicial stamp papers of Rs.20/-each, got notarized them from Notary Public at Sumerpur a
A contract is not contingent under the Indian Contract Act where the primary obligation is performable and the specified condition is waived; furthermore, an attorney holder may competently testify r....
It is beyond comprehension that having received notice Ext.P-1, defendant had not made any effort to reply or rebut its contents.
(1) Agreement to Sell – No relief can be granted on an agreement which is highly suspicious.(2) Appeal by special leave – Scope of – Jurisdiction under Article 136 of Constitution of India should not....
(1) Agreement to sell – Suit for specific performance – Purchaser who has paid full consideration and received original title deeds from seller would have taken possession under normal circumstances ....
The plaintiff must prove the execution of the sale agreement, readiness and willingness to perform the contract, and the validity of the agreement to claim specific performance.
The requirement to prove the execution of an agreement to sell is essential for specific performance.
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