Back
ALKA SARIN
Sodagar Singh – Appellant
Versus
Parshotam Kumar – Respondent
JUDGMENT :
(Alka Sarin, J.)
The present appeal has been preferred by the plaintiff-appellant aggrieved by the judgments and decrees dated 30.09.2015 and 10.07.2019 passed by the Trial Court and the First Appellate Court, respectively.
2. Brief facts relevant to the present lis are that the plaintiff appellant filed a suit for possession by way of specific performance of agreement to sell dated 30.08.1995 of Shop-cum-Flat No.8, New Anaj Mandi, Kharar ad measuring 15 feet x 80 feet partially built executed by the predecessor-in-interest of the defendant-respondents - Ramji Dass - who subsequently died on 21.03.1996, after executing sale deed of the suit property in favour of the plaintiff-appellant on payment of balance sale consideration after deducting Rs.1,00,000/- already paid by the plaintiff appellant to Ramji Dass and in the alternative a decree for Rs.2,00,000/- with interest. It was the case set up by the plaintiff-appellant that no final date was set for the execution of the sale deed, rather it was settled that Ramji Dass would procure no objection certificate (NOC) and thereafter the sale deed would be executed. It was further the case that Ramji Dass predecessor-in-intere
The necessity for a plaintiff to demonstrate readiness and willingness to perform a contract is crucial in specific performance cases, especially when significant time has elapsed since the agreement....
The court affirmed that a plaintiff must demonstrate continuous readiness and willingness to perform a contract to be entitled to specific performance of the agreement; otherwise, claims may be dismi....
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
The court reaffirmed that in contracts for sale of immovable property, time is not inherently of the essence unless explicitly stated, and readiness must be demonstrated through conduct rather than m....
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
![Dudala Sarojinamma [died] VS Dudala Rama Prasad](https://cdn.supremetoday.ai/static/img/news-place-holder.png)
(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
