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KARAMJIT SINGH
Mohan Singh – Appellant
Versus
Surjit Singh – Respondent
KARAMJIT SINGH, J.
1. The present civil revision petition has been filed by the petitioner/JD for setting aside the order dated 31.1.2020 (Annexure P-3) passed by the Court of Civil Judge (Junior Division), Ludhiana vide which the application filed by the petitioner under Section 28 of Specific Relief Act 1963 (in short ‘the Act’) to rescind the agreement to sell (contract) dated 17.1.2008, was dismissed.
2. The brief facts of the case are that respondent Surjit Singh filed suit for specific performance of agreement to sell dated 17.1.2008, which was executed by the petitioner in favour of the respondent Surjit Singh with regard to suit property for valuable consideration and at the time of execution of the said agreement to sell the petitioner received sum of Rs.50,000/- as advance money from the respondent and it was agreed between the parties that the sale deed would be executed by 18.12.2008 on payment of balance sale consideration by the respondent to the petitioner. In the plaint it was also pleaded that the respondent always remained ready and willing to perform his part of the contract and even on the date fixed i.e. 18.12.2008, he appeared before Sub-Registrar Ludhiana for e
The main legal point established in the judgment is the importance of establishing sufficient grounds for rescission of an agreement to sell under Section 28 of the Specific Relief Act 1963 and the t....
Agreement to sell – Provisions to grant specific performance of agreement are quite stringent – Equitable considerations come into play.
The central legal point established in the judgment is the application of Section 28 of the Specific Relief Act, 1963 in the context of specific performance and the consequences of the purchaser's fa....
The main legal point established in the judgment is the court's interpretation of the power to grant extension of time for compliance with a decree for specific performance and the justification for ....
The court reiterated that non-compliance with specific performance decrees justifies rescission of the contract, but also mandates refund of advance payments, reflecting equitable principles.
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