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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, CJ., RANJAN SHARMA
Saroj Bala – Appellant
Versus
Om Parkash – Respondent
JUDGMENT :
G.S. Sandhawalia, CJ.
The present Original Side Appeal seeks challenge to the judgment dated 07.08.2019, passed by the learned Single Judge in Civil Suit No. 67 of 2008, whereby the Civil Suit filed by the plaintiff/defendant herein has been partly decreed by passing a decree of specific performance in favour of the plaintiff/defendant directing the defendant/appellant herein to specifically perform the part of the agreement to sell dated 24.04.2004 in respect of 38 Kanals of land measuring 2-34-27 hectares i.e. 234427/31099 shares i.e. land 3-10-99 in Khewat No.20, Khatauni No.34 min, 35 min and Khasra No. 2445 (0-69-21), 2448 (0-32-48), 2449 (0-55-32), 2446 (0-74-90) 2544 (0-17-52), 2545 (0-61-56), kitas-6, situated in village Bharolian Khurd, Tehsil and District Una, entered into inter se the plaintiff for a consideration of RS. 73,000/- per Kanal, on payment of 8,83,000/-.
2. Brevity is a necessity, so a brief narration of relevant facts falling within a short compass will unfold the issue with which we would be dealing with in this Appeal.
3. Apparently, the plaintiff had filed a Civil Suit for specific performance of an agreement dated 24.04.2004 by which the parties h
The court affirmed that specific performance of a contract does not depend strictly on timing but on the willingness and readiness of parties, emphasizing the necessity for fair enforcement consequen....
To secure a decree for specific performance, plaintiffs must demonstrate continuous readiness and willingness, supported by credible evidence, amidst a contract that specifies actionable terms.
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.
Time is not generally considered the essence of contracts for the sale of immovable property; however, specific circumstances may necessitate its strict enforcement. A valid agreement can only be mod....
The main legal point established in the judgment is the court's discretion to decree specific performance under Section 20 of the Specific Relief Act, 1963.
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
The court reinforced that specific performance can be granted if the plaintiff proves readiness to perform, regardless of price escalation, citing a precedent that supports enforcing agreements despi....
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