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AMARJOT BHATTI
Shiv Charan – Appellant
Versus
Rupesh Kumar – Respondent
JUDGMENT
Ms. Amarjot Bhatti, J.
The appellant/defendant - Shiv Charan has filed Regular Second Appeal against impugned judgment and decree dated 14.08.2014 passed by learned Additional District Judge, Ludhiana vide which learned Additional District Judge, Ludhiana dismissed the appeal preferred by Shiv Charan - appellant/defendant and the judgment and decree dated 26.04.2012 passed by learned Civil Judge (Junior Division), Ludhiana in favour of Rupesh Kumar - respondent/plaintiff was upheld.
2. Rupesh Kumar - respondent/plaintiff had filed suit for possession by way of specific performance of agreement dated 18.01.2008, directing the defendant to execute the sale deed in his favour regarding a portion of House No. B-XVIII-3675 measuring 102 Sq. Yd. consisting of two shops, one room, kitchen, court-yard duly fitted with electricity, water supply, sewerage and shutters on the two shops comprising in Khasra No. 66//22/2, Khata No. 37/47 situated in the revenue estate of Village Taraf Karbara, known as Model Gram Road, Ludhiana, after receiving the balance sale consideration of Rs. 33,50,000/- alongwith the relief of permanent injunction restraining the defendant from alienating or crea
The obligation to clear a mortgage lies with the seller, and the buyer's readiness to perform arises only after the seller fulfills this condition.
Time is generally not considered essence in immovable property contracts; refusal to perform requires consideration of readiness alongside equitable claims for refund.
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
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