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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Mr. Justice Narendra Singh Dhaddha, J
Ridhkaran Parasrampuria S/o Late Shri Girdhari Lal Parasrampuria – Appellant
Versus
Chandra Prakash Agarwal S/o Late Shri Badrinarayan Agarwal – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1.This Civil First Appeal has been filed by the appellants-defendants (for short 'the defendants') against the judgment and decree dated 30.08.2018 passed by Additional District Judge No.2, Jaipur Metropolitan, Jaipur in Civil Suit No.22/2013, whereby the suit filed by the respondent-plaintiff (for short 'the plaintiff') for specific performance of the agreement, injunction and possession has been decreed.
2. Brief facts of the case are that plaintiff filed a suit for specific performance of the agreement to sell dated 22.03.2013, injunction and possession against the defendants to the effect that defendants had executed an agreement to sell dated 22.03.2013 in favour of the plaintiff purporting to sell their undivided 3/4th share in property i.e. 0.87 Hectares land in Khasra No.703 and 0.95 Hectares land in khasra No.704 (total admeasuring 1.82 Hectares land) situated in Village Neendad, Tehsil Amer, District Jaipur. At the time of execution of agreement to sell dated 22.03.2013, part-payment of Rs.1.85 Crore was paid to the defendants through cheques out of the total amount of sale consideration i.e. Rs.6.7 Crore. Rest amount of Rs.4.85 Crore wa
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.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
Party praying for specific performance of a contract has to prove on record availability of balance sale consideration on date when it was required to be paid.
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
The court affirmed that a party seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, substantiated by evidence.
The court affirmed that specific performance can be decreed if the plaintiff proves readiness and willingness, and the burden of proof shifts once a prima facie case is established.
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