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ARUN MONGA
Krishan Kumar – Appellant
Versus
Nirmala Devi – Respondent
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, namely, Nirmala Devi and Jagdish were owners in possession of land measuring 12 Kanals 03 Marlas. It was inherited by them from their father Jainarain as per Jamabandi for the year 1988-89 comprised in Khewat No.106,Khatoni No. 229 and as per mutation No.791 dated 04.05.1994. The land is situated in revenue estate of village Mehrana, Tehsil Charkhi
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.
The suit for specific performance at the instance of any one party is maintainable, and the legal provisions of the Specific Relief Act, Transfer of Property Act, Civil Procedure Code, and Indian Evi....
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