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NARENDRA SINGH DHADDHA
Suresh Chand – Appellant
Versus
Mansingh (Deceased), Smt Lajjo – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. Instant appeal filed by the appellant-plaintiff (for short 'the plaintiff') against the judgment and decree dated 15.03.2002 passed by Additional District Judge, Dholpur in Civil Suit No. 53/91, whereby the suit for specific performance of contract filed by the plaintiff was dismissed.
2. Brief facts of the case are that plaintiff filed a suit on 03.12.90 for specific performance of contract in which plaintiff mentioned that a written agreement to sell dated 24.08.87 was executed by the respondent-defendant (for short 'the defendant') in favour of the plaintiff for selling his agricultural land as mentioned in the agreement to sell and in para No. 1 of the suit. The plaintiff had paid Rs.1,00,000/- to the defendant and remaining Rs.10,000/- was said to be paid upto 24.08.89. The plaintiff was always ready and willing to perform his part of the contract but when cost of land was increased, so, defendant did not agree to execute the sale deed. So, the plaintiff filed the suit for specific performance of the contract.
3. Defendant filed a written statement and denied the execution of the agreement to sell with regard to the land in question in favo
The court affirmed that the plaintiff was ready and willing to perform the agreement to sell, and time was not the essence of the contract, leading to the dismissal of the defendants' appeal.
The burden of proof on the defendant to disprove the existence of the agreement and the inadmissibility of evidence on a plea not raised in the pleadings.
For specific performance, a claimant must prove their readiness and willingness to execute the agreement; failure to appear on the scheduled date undermines the claim.
In a suit for specific performance, the plaintiff must prove continuous readiness and willingness to perform the contract, supported by evidence of ownership and financial capability.
The agreements of sale and corresponding deed were valid, with the court confirming that allegations of fraud were not substantiated.
Agreement to Sell – Continuous willingness on part of plaintiff is condition precedent to grant relief of specific performance.
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
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