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ALKA SARIN
Avtar Singh – Appellant
Versus
Jarmanjit Singh – Respondent
JUDGMENT :
(Alka Sarin, J.) :
This is a second appeal by the unsuccessful plaintiff-appellant against the judgment and decree dated 03.10.2018 passed by the Trial Court and judgment and decree dated 07.02.2024 passed by the First Appellate Court whereby his suit for possession by way of specific performance or in the alternative suit for recovery, mandatory injunction and permanent injunction has been dismissed.
2. As per the plaintiff-appellant the defendant-respondent is the owner of the suit land and he proposed to sell the same to the plaintiff appellant. An agreement to sell was reduced into writing on 27.02.2013 and the sale price was fixed as Rs.20,00,000/- per acre. The total sale consideration was to be Rs.17,50,000/- out of which Rs.12,00,000/- was paid as earnest money as part of the sale consideration and the date of execution of the sale deed was fixed as 01.03.2014. On 01.09.2014 the defendant respondent got the date for execution of the sale deed and registration extended vide an endorsement on the back of the agreement to sell and the same was signed and thumb marked by him and attested by the attesting witnesses. As per the plaintiff-appellant the defendant-responden
A plaintiff seeking specific performance must prove the existence of a valid contract and readiness to perform, failing which the claim will be dismissed.
The burden of proof in specific performance cases lies with the parties, and the plaintiff's readiness and willingness to perform the contract are crucial.
The main legal point established in the judgment is that the defendant's execution of the agreement to sell and the plaintiff's readiness and willingness to perform the contract were key factors in t....
An agreement to sell executed by one heir without proper authority from other heirs, particularly minors, is invalid and unenforceable under law.
Specific performance of a contract is the rule, while refusal is an exception requiring substantial proof of grounds for denial.
Registered documents are publicly known and a suit for declaration of fraud must be filed within the limitation period or it is barred; possession must be proven with cogent evidence.
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