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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ROMESH VERMA
Sansar Chand – Appellant
Versus
Leela Dhar – Respondent
| Table of Content |
|---|
| 1. specific performance of oral agreement to sell. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendants contest the existence of agreement. (Para 7 , 8 , 10) |
| 3. arguments asserting misinterpretation of evidence. (Para 12 , 13) |
| 4. witness testimonies supporting plaintiff's claims. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. insufficient evidence undermines plaintiff's claims. (Para 25 , 27 , 28 , 29 , 30 , 31 , 32) |
| 6. definition and scope of substantial questions of law. (Para 34) |
| 7. judgment affirms dismissal of the appeal. (Para 36) |
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
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.
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 ....
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