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ARUN BHANSALI
Onkarnath – Appellant
Versus
Lrs of Gangaram – Respondent
ORDER
1. This appeal is directed against judgment and decree dated 17.11.2018 passed by Additional District No.1, Bikaner (?the first appellate court?), whereby, the appeal filed by the respondents against the judgment and decree dated 13.11.2007 has been allowed and the decree for specific performance passed by the trial court has been set aside.
2. The suit for specific performance was filed by the appellant ? plaintiff inter alia with the submissions that respondent ? Gangaram was in requirement of Rs.35,000/- for his personal and household expenses and, therefore, for the agriculture land comprising in Khasra No.594 admeasuring 11.34 hectare, an agreement to sale dated 14.5.2001 was entered into and it was agreed that the sale deed would be executed in five months. When the defendant was required to get the sale deed registered, he started avoiding and on 3.11.2001 refused. It is claimed that the plaintiff was ready and willing to purchase the stamps and pay the registration fees and, therefore, prayed that sale deed be got registered in his favour and the possession of the land be handed over to him.
3. Written statement was filed denying the execution of the agreement. It was cl
The execution of an agreement must be proven with clear evidence, including signatures and witness credibility, to enforce specific performance.
It is beyond comprehension that having received notice Ext.P-1, defendant had not made any effort to reply or rebut its contents.
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.
The courts upheld the validity of the sale agreement and granted specific performance due to the plaintiff's readiness and willingness amid the defendant's unsubstantiated claims of a separate transa....
The requirement to prove the execution of an agreement to sell is essential for specific performance.
The court upheld that corroborated expert evidence can establish the authenticity of a contested agreement, supporting the plaintiff's claim for specific performance.
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