ALKA SARIN
Mangal Dass Bhatti – Appellant
Versus
Inder Singh Kohli – Respondent
JUDGMENT
Mrs. Alka Sarin, J.
The present appeal has been preferred by the plaintiff-appellant challenging the judgment and decree dated 23.09.2011 passed by the First Appellate Court whereby the appeal of the defendant-respondent was accepted and the suit of the plaintiff-appellant was decreed for recovery of Rs. 2 lacs along with future interest @ 6% from date of the decree till realization.
2. The brief facts relevant to the present lis are that a suit for specific performance was filed by the plaintiff-appellant qua agreement to sell dated 21.12.2001 alleged to have been executed by the defendant-respondent in favour of the plaintiff-appellant in respect of land measuring 75 kanals 18 marlas bearing Khewat No.250, Khatuni No.300, Khasra Nos.32//6(6-12), 32//13/3(3-7), 32//7/1(1-13), 32//7/2(3-15), 32//14(8-0), 32//15/1(1-2), 32//17(8-12), 32//18(8-0), 32//23(7-11), 32//24(7-11), 32//25/3(3-10), 32//27(0-5), Khatuni No.345, Khasra Nos.32//15/2(6-2), 32//16(7-4) and 32//25/1(0-8), Khewat No.573, Khatuani No.715, Khasra No.32//25/2(3-0) situated in Village Naharpur, HB No. 150, Tehsil Jagadhari, District Yamuna Nagar. It was averred in the plaint that the agreement to sell dated 21.1
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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.
The main legal point established in the judgment is the court's discretion to decree specific performance under Section 20 of the Specific Relief Act, 1963.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
The amendment to the Specific Relief Act in 2018 makes specific performance non-discretionary; proven readiness leads to enforceable agreements.
The court reinforced that specific performance can be granted if the plaintiff proves readiness to perform, regardless of price escalation, citing a precedent that supports enforcing agreements despi....
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