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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
| Table of Content |
|---|
| 1. suit for specific performance of 1989 sale agreement. (Para 1 , 2 , 3 , 4) |
| 2. defendants deny agreement; claim bona fide purchase. (Para 5) |
| 3. lower courts decreed suit for plaintiff. (Para 6 , 7 , 8 , 9) |
| 4. arguments on perversity versus concurrent findings. (Para 10 , 11) |
| 5. court reviews plaintiff's agreement and possession claims. (Para 12 , 13 , 14) |
| 6. agreement execution proved by document and witnesses. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 7. possession transferred; defendants fail to rebut. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 8. readiness shown by pleadings, payment, and conduct. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 9. no interference with concurrent findings under section 100 cpc. (Para 37 , 38 , 39 , 40 , 41) |
| 10. appeal dismissed; decrees sustained. (Para 42 , 43 , 44) |
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, C
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....
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