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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Dharam Dass (Deceased) through his LRs. – Appellant
Versus
Inder Singh – Respondent
JUDGMENT :
ROMESH VERMA, J.
1. The present appeal arises out of the judgment and decree, as passed by the learned Presiding Officer, Fast Track Court, Mandi, H.P. in C.A. No. 76/98, 199/2004, dated 16.03.2005, whereby the appeal preferred by the present appellants/defendants has been ordered to be dismissed and the judgment and decree, as passed by the learned Civil Judge, 1st Class, Court No.1, Mandi, dated 22.09.1998 has been affirmed whereby the suit filed by the plaintiff/respondent for specific performance of agreement of sale, dated 31.03.1989 and for injunction was decreed.
2. Facts of the case are that the plaintiffs/respondents filed a suit for specific performance of agreement and injunction before the learned Civil Judge Court No.1 Mandi on 19.06.1992. It was averred in the plaint that an agreement dated 31.03.1989 was duly executed and signed between the plaintiff and defendant No.1 in the presence of attesting witnesses namely Lal Man and Puran Chand whereby defendant No.1 sold her ¼ share to the extent 1-14-14 bighas, out of total area of the land measuring 6-18-5 bighas comprised under Khewat No. 524 min, Khatauni No. 900, Khasra No.2331 and 2388, Kitas 2, situated at V
Readiness and willingness for specific performance inferred from substantial earnest payment, possession handover, pleadings and conduct; concurrent findings immune from interference in second appeal....
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.
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....
(1) Specific Performance is no longer a discretionary relief – Plaintiff cannot be punished by refusing relief of specific performance despite fact that execution of agreement to sell in his favour h....
The appellate court cannot reverse a trial court's decision without credible evidence proving an alternate claim, which was not presented by the defendants.
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
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