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ANIL KSHETARPAL
Nirmal Singh – Appellant
Versus
Harjinder Kaur – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J. (Oral)
In this appeal the plaintiff assails the correctness of judgment passed by the First Appellate Court which in turn has reversed the judgment passed by the trial Court.
2. The plaintiff filed a suit for possession of the suit property by way of specific performance of the agreement to sell with a consequential relief of permanent injunction. It was alleged by the plaintiff that the defendant entered into an agreement to sell on 16.11.2005, with respect to constructed house over a plot measuring 03 marlas on receipt of Rs. 1,80,000/- against total sale consideration of Rs. 18,00,000/-. The sale deed was to be executed on 16.02.2006. The plaintiff visited the office of Sub Registrar on 16.02.2006, however, the defendant did not come for execution. The plaintiff filed a suit for the grant of permanent injunction on 24.02.2006, in which, the defendant appeared on 13.03.2006 and offered to execute the sale deed. However, the plaintiff did not latch to the aforesaid offer. On 23.04.2007, the plaintiff withdrew the suit as the defendant refused to execute the sale deed after a passage of one year. The plaintiff filed this suit on 01.08.2008. The trial
A plaintiff seeking specific performance must demonstrate readiness and willingness to perform the contract, which was not established in this case.
The main legal point established is that the plaintiff's readiness and willingness to perform the contract, as well as the absence of a requirement to tender the entire amount in cash to prove readin....
The court upheld that non-fulfillment of contractual obligations justified the forfeiture of earnest money, affirming the agreement's explicit terms regarding readiness to perform.
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 central legal point established in the judgment is the requirement to demonstrate readiness and willingness to perform a contract beyond doubt, as mandated by Section 16(c) of the Specific Relief....
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