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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Krishnanand Rai – Appellant
Versus
Meena Singh, wife of Dharmendra Singh and daughter of Late Mahavir Singh – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This second appeal has been filed against the Judgment and Decree dated 22.03.2025 (Decree sealed and signed on 03.04.2025) passed by the learned District Judge-III, Deoghar in Civil Appeal No.20 of 2023 affirming the Judgment and Decree dated 24.01.2023 (Decree sealed and signed on 04.02.2023) passed by the learned Civil Judge (Senior Division)-III, Deoghar whereby Title Suit No.28 of 2013 seeking specific performance of contract was partly decreed by directing the defendant no.1 to execute the sale deed for 1/3rd share (829 sq. ft.) out of the area of 4978 sq.ft. as described in schedule ‘A’ of the plaint in favour of the plaintiff on receiving rest of the balance consideration amount as per the agreement dated 12.08.2009 within 2 months failing which the plaintiff will be at liberty to get the sale deed executed through the agency of the court.
2. The defendant 1st party having lost in 1st appellate stage has filed this second appeal.
3. The suit was filed for the following reliefs:-
(i) That the decree of specific performance directing the defendant 1st party to execute the sale deed for the 1/3rd share (829 Sq. ft.) property out of agreement
Specific performance requires continual readiness and willingness to fulfill contractual obligations; consent from co-owners must be secured for the contract to be enforceable.
Substantial compliance with a sale agreement, including significant payment, can justify specific performance even in the face of claims of joint ownership.
The court established that specific performance can be enforced despite the necessity for a partition of jointly held property shares.
In a suit for specific performance, the plaintiff must prove continuous readiness and willingness to perform the contract, supported by evidence of ownership and financial capability.
The main legal point established in the judgment is that a suit for specific performance can be filed only against the persons who have entered into a sale agreement, and the necessity of parties in ....
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