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ALKA SARIN
Ram Niwas – Appellant
Versus
Shanti Sarup – Respondent
| Table of Content |
|---|
| 1. specific performance agreement details. (Para 1 , 2) |
| 2. court's skepticism on evidence of payment. (Para 4 , 6 , 7) |
| 3. validity of the agreement to sell. (Para 5) |
| 4. no error in lower court decisions. (Para 8) |
| 5. appeal dismissed. (Para 9) |
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the plaintiff-appellant against the judgments and decrees passed by both the Courts below dismissing his suit for specific performance.
2. The brief facts relevant to the present lis are that the plaintiff-appellant filed a suit for specific performance of the agreement to sell dated 28.04.2016. It was the case set up by the plaintiff-appellant that the defendant-respondent was the owner in possession of the land measuring 11 kanals 15 marlas being 235/1885 share out of total land measuring 94 kanals 5 marlas comprised in Khewat No.84, Khatoni No.116, total Kittas 13, situated in Village Bir Badlawa, Sub-Tehsil Nigdhu, Tehsil Nilokheri, District Karnal and that he agreed to sell 11 kanals 15 marlas to the plaintiff-appellant for a total sum of Rs.30,85,000/- and on 20.01.2016 an amount of Rs.15,00,000/- was received by the defendant-respondent as earnest money and the r
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.
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 plaintiff-appellant failed to prove the execution of the agreement to sell, thus precluding entitlement to specific performance.
A party asserting a right to specific performance must prove readiness and willingness to perform their contractual obligations.
Lack of legal necessity to sell land does not invalidate a specific performance agreement; enforceability is affirmed regardless of personal law principles related to the parties involved.
The court ruled that defendants cannot sell land they do not own and upheld the validity of the agreement for the remaining land.
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.
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