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VIRENDER SINGH
Darshan Singh – Appellant
Versus
Sadh Ram – Respondent
| Table of Content |
|---|
| 1. contract for the sale of land and earnest money paid. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. plaintiff's readiness to perform and invoke contract terms. (Para 9 , 10 , 11 , 12) |
| 3. defendant's contestation and claims of plaintiff's misconduct. (Para 13 , 14 , 15 , 16 , 17) |
| 4. identification of issues for adjudication. (Para 18 , 19) |
| 5. presentation of evidence by both parties. (Para 20 , 21 , 22) |
| 6. defendant's evidence against plaintiff's claims. (Para 36 , 37 , 38) |
| 7. legal principles surrounding 'time is of the essence' in property contracts. (Para 60 , 61 , 62) |
| 8. plaintiff's injunction claim and implications on performance of contract. (Para 73 , 74 , 75 , 76 , 77 , 78) |
| 9. conclusion and directions regarding contract fulfillment. (Para 86 , 88) |
JUDGMENT :
Virender Singh, J.
PlaintiffDarshan Singh has filed the suit for specific performance of contract dated 22.10.2005, against the defendant, with regard the land measuring 7 kanals 13 marlas, comprised in Khewat Khatauni No.59/65, Khasra No.173/105, as per Jamabandi for the years 20012002, situated in Mauza Gogharwal, Pargana and Tehsil Nalagarh, District Solan, H.P., (hereinafter referred to as ‘the suit land’).
2. In
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