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ARUN MONGA
Krishan Kumar – Appellant
Versus
Nirmala Devi – Respondent
| Table of Content |
|---|
| 1. description of land ownership and contract details. (Para 2 , 3) |
| 2. defendants' arguments against plaintiffs' claims. (Para 4) |
| 3. court's analysis of contract execution and readiness. (Para 9 , 10 , 11) |
| 4. legal framework for seeking alternative relief. (Para 12 , 13) |
| 5. conclusion and dismissal of the appeal. (Para 18 , 19 , 20) |
JUDGMENT
Arun Monga, J. (Oral)
CM-15598-C-2018
For the reasons stated in the application, same is allowed and delay of 42 days in filing the appeal is condoned.
CM-15597-C-2018
For the reasons stated in the application, same is allowed and delay of 44 days in re-filing the appeal is condoned.
Main case (O&M)
For convenience, parties herein are described as per recitals before learned trial Court.
2. Having suffered concurrent adverse findings by two Courts below, plaintiffs are in second appeal before this Court assailing the learned trial Court judgment and decree dated 12.03.2014, as upheld by learned First Appellate Court vide its judgment and decree dated 19.12.2017, dismissing the suit for specific performance of contract filed by appellant/plaintiffs.
3. Briefly stated, facts as noticed by Courts below are that defendants No.1 and 2, namel
Specific performance requires all parties' consent in an agreement; plaintiffs must prove readiness and willingness to fulfill contractual obligations.
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.
Continuous readiness and willingness to perform the contract is a condition precedent for obtaining the relief of specific performance under Section 16(c) of the Specific Relief Act.
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
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