IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ROMESH VERMA
Sansar Chand – Appellant
Versus
Leela Dhar – Respondent
JUDGMENT :
ROMESH VERMA, J.
1. The present appeal arises out of the judgment and decree as passed by the learned Additional District Judge, Sundernagar dated 29.04.2021, whereby the appeal preferred by the present appellant/plaintiff was dismissed and the judgment and decree as passed by the learned Senior Civil Judge, Court No.1 Sundernagar, Distt. Mandi, H.P dated 20.03.2020 was affirmed.
2. The brief facts of the case are that the plaintiff/appellant filed a suit for specific performance of oral agreement to sell in the Court of learned Senior Civil Judge, Court No.1, Sundernagar, Distt. Mandi, H.P. on 19.03.2015. It was averred in the plaint that the defendants are recorded owners-in-possession of the land comprised in Khata Khatauni No.39 min/44, Khasra Nos. 96, 97, 103 and 104, measuring 03-02-01 bighas, situated in muhal Shakohar/181, Tehsil Sundernagar, Distt. Mandi, H.P. The defendants have sold the suit land to the plaintiff through an oral agreement to sell in the presence of the witnesses and in terms of the said agreement, the defendants received the entire sale consideration of Rs.1,40,000/- on 15.03.2000 from the plaintiff in the presence of the witnesses. Further, the
A party alleging an oral agreement for sale must prove its existence and payment through substantive evidence; failure to do so can lead to dismissal of the suit.
Readiness and willingness for specific performance inferred from substantial earnest payment, possession handover, pleadings and conduct; concurrent findings immune from interference in second appeal....
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.
Point of law: specific performance of oral Agreement of sale – Not proved - In a case of specific performance of contract, a greater degree of certainty is required and it demands a clear, definite a....
The court upheld the dismissal of a specific performance suit due to lack of precise property description and finding it time-barred.
Unregistered agreements to sell do not confer legal rights without compliance with registration laws.
The court affirmed that an oral agreement can be specifically enforced if supported by credible evidence and clear terms, despite procedural challenges.
Possession claims must be substantiated with evidence; the mere existence of an old agreement without action does not support a claim for possession after significant delay.
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
Relief in civil suits must be strictly based on pleadings, and a plaintiff cannot obtain a decree for a different parcel of land than that specified in the suit.
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