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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BIPIN GUPTA
Shashi Sahu W/o Shri Sampatraj Sahu – Appellant
Versus
Jashoda Sharma W/o Shri Devendra Kumar Sharma – Respondent
2. The brief facts of the case are that the plaintiff-appellant filed a suit for specific performance against the defendants- respondents, contending therein that the land belonging to defendant Nos. 1 to 5 is their khatedari land situated in the Revenue Village Naya Nagar, Tehsil Beawar. The defendants-respondents assured the plaintiff-appellant that the land in dispute was free from all encumbrances and that they had complete rights to transfer the same.
2.1 On the basis of these assurances, it was agreed that the plaintiff-appellant would purchase the land at the rate of Rs. 1,20,00,000/- per bigha, and an agreement to sell was executed on 26.07.2021, which was notarized by Notary Public Ganga Agrawal, Advocate. Under the said agreement, an advance payment of Rs. 21,00,000/- was received by the defendants- respondents, out of which Rs. 4,00,000/- was paid in cas
A petitioner can be granted temporary injunction to prevent the alienation of property during the pendency of a suit for specific performance while establishing possession under a registered agreemen....
A plaintiff's delay in filing a suit impacts the entitlement to injunction and specific performance, as timely prosecution and adherence to evidential requirements are essential for equitable relief.
To obtain a temporary injunction, a plaintiff must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm, without conducting a mini trial.
The main legal point established in the judgment is the requirement to prove readiness and willingness to perform essential terms of the contract within a reasonable time, the significance of the tim....
In contracts for the sale of immovable property, time is generally not of the essence unless explicitly stated, and parties must demonstrate readiness and willingness to perform their obligations.
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