ARUN MONGA
Mehal Singh – Appellant
Versus
Kakkar Bricks – Respondent
JUDGMENT
Arun Monga, J. (Oral)
CM-9396-C-2015
For the reasons stated in application, same is allowed subject to all just exceptions. Copy of order dated 18.07.2014 (Annexure R-1) is taken on record.
CM-14696-C-2014
This is an application for amendment of grounds of appeal.
No grounds for amendment are made out, at this stage.
Dismissed.
Main case (O&M)
For convenience, parties herein are addressed as per the recitals before learned trial Court.
2. Having suffered concurrent adverse findings by the two Courts below, appellant/defendant is in second appeal before this Court assailing learned trial Court judgment and decree dated 10.01.2012, as upheld by learned First Appellate Court vide its judgment and decree dated 18.07.2014 decreeing the plaintiff/respondent's suit for possession by way of specific performance of the agreement to sell dated 27.10.2004 relating to land measuring 12 Kanals, bearing Killa Numbers 63/8/2 (5-0), 8/1 (1-0), 8/2/2/1 (2-0), 50/7/2/2 (4-0), situated in the area of village Maure Kalan, Tehsil Ajnala, District Amritsar bearing Khata No.54/203 to 207 along with consequential relief of permanent injunction.
3. Briefly stated, facts, as noticed by learned Courts,
The main legal point established in the judgment is that the failure of one party to perform its obligations under a reciprocal contract precludes that party from claiming performance of the reciproc....
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.
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 plaintiff must independently prove both 'readiness' and 'willingness' to perform under Section 16(c) of the Specific Relief Act to succeed in a suit for specific performance.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.