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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
NARENDRA SINGH DHADDHA
Chitarmal Yadav – Appellant
Versus
Deepti Singh – Respondent
JUDGMENT :
NARENDRA SINGH DHADDHA, J.
1. The present civil first appeal has been filed by the appellants-plaintiffs (for short ‘the plaintiffs’) under Section 96 C.P.C. 1908 against the judgment and decree dated 10.11.2017 passed by Additional District Judge No. 19, Jaipur Metropolitan (HQ-Sanganer) (for short ‘the trial Court’) in Civil Suit No. 10/2013 titled as Chitarmal & Ors. Vs. Smt. Deepti Singh & Ors., whereby the trial Court dismissed the plaintiffs’ suit for specific performance of contract, permanent injunction and cancellation of decree against the respondents-defendants (for short ‘the defendants’).
2. Brief facts of the case are that the plaintiffs filed a suit mentioning therein that land bearing khasra No. 76 (new khasra Nos. 209, 210, 221/2783) total admeasuring 6.11 hectare (24 bigha 4 biswa) situated in Village Bhankarota, Tehsil-Jaipur was recorded in the name of the defendant Nos. 1 and 2 in the revenue record and they were owner of it. The plaintiffs purchased the said land from the defendant Nos. 1 and 2 by way of agreement to sell dated 07.10.1998 and obtained the possession thereof, whereupon the plaintiffs raised construction and obtained electricity connecti
The court held that plaintiffs failed to establish readiness to perform the contract, limiting their recovery to the return of the advance payment with interest.
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.
A contract for sale is enforceable where there is evidence of readiness to pay the balance amount, and claims of fraud must be substantiated to invalidate the agreement.
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
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.
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
The trial court exceeded its jurisdiction by passing a decree for land not claimed by the parties, necessitating remand for fresh adjudication.
The main legal point established in the judgment is that the failure to prove the execution of the agreement to sale and the readiness and willingness to perform the contract, along with the admissio....
(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....
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