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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Hitesh Thakur – Appellant
Versus
Reeta Tandon – Respondent
| Table of Content |
|---|
| 1. procedural history and appeal processes. (Para 1 , 6 , 14) |
| 2. specific performance and contractual obligations. (Para 2 , 3 , 4) |
| 3. violation of natural justice in proceedings. (Para 5 , 12) |
| 4. set aside previous judgments due to procedural defects. (Para 13) |
SUSHIL KUKREJA, J.
The present regular second appeal has been preferred against the impugned judgment and decree dated 19.11.2022, passed by the learned Additional District JudgeIII, Kangra at Dharamshala, camp at Palampur, District Kangra, H.P. in Civil Appeal No.2-P/XIII/2021, titled Hitesh Thakur Versus Reeta Tandon & another, whereby the appeal filed by defendant No.2 (appellant herein) was dismissed and the judgment and decree dated 03.01.2018, passed by the learned Civil Judge (Senior Division), Palampur, District Kangra, H.P., in Civil Suit No.827/2013 was upheld.
2. Briefly stated the facts of the case are that the plaintiff (respondent No.1 herein) filed a suit for specific performance of contract dated 01.03.2011 and in the alternative for mandatory injunction directing defendant No.1 Sikru Ram (predecessor-in-interest of respondent No.2 herein) to refund double amount i.e. Rs.4,60,000/- of th
The appellant's right to a fair hearing was violated due to lack of notice, necessitating a remand for a fresh trial in accordance with natural justice principles.
The main legal point established in the judgment is the requirement for substantiating the agreement of sale and the sale consideration, as well as the importance of saleable interest in the property....
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.
Specific performance can be enforced against subsequent purchasers if they had knowledge of the original contract.
Agreement to Sell – Suit for Specific Performance – Once execution of agreement to sell and payment/receipt of advance substantial sale consideration is admitted by vendor, thereafter nothing further....
A second appeal under Section 100 of the Code of Civil Procedure requires the establishment of a substantial question of law, which was not present in this case.
The court upheld the agreement to sell's execution and the plaintiff's readiness to perform the contract. Specific performance granted with enhanced consideration due to market changes reflecting the....
The subsequent suit for specific performance of the agreement to sell based on a different cause of action is maintainable.
The main legal point established in the judgment is that sale deeds executed in violation of injunction orders and lacking legal sanctity can be declared null and void, and the issue of limitation ca....
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