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GURBIR SINGH
Rai Singh – Appellant
Versus
Ram Karan – Respondent
JUDGMENT
Gurbir Singh, J.
This Regular Second Appeal has been filed against the concurrent finding of the Courts below.
2. Vide judgment and decree dated 16.05.2019, learned Additional District Judge, Yamuna Nagar at Jagadhri dismissed the appeal filed against the judgment and decree dated 18.03.2016 passed by learned Civil Judge (Junior Division), Yamuna Nagar at Jagadhri, whereby suit filed by the appellant/plaintiff (hereinafter called as - the plaintiff) has been dismissed.
3. The plaintiff filed a suit for symbolic possession by way of specific performance of agreement to sell dated 18.03.2010, in respect of the land as mentioned in the plaint, with consequential relief of permanent injunction restraining respondent no.2 (hereinafter referred to as - defendant no.2) from alienating the suit property and from changing the existing nature of the suit property and for declaration that sale deed No.6576 dated 05.09.2011 in favour of defendant no.2 is illegal, null and void and result of fraud and that the subsequent mutations in favour of defendant no.2, on the basis of the said sale deed, are also null and void and not binding upon the rights of the plaintiff. A further declaratio
Registered documents are publicly known and a suit for declaration of fraud must be filed within the limitation period or it is barred; possession must be proven with cogent evidence.
Agreements validated as enforceable despite defenses of deceit; plaintiff's readiness to perform consistent with legal requirements for specific performance.
Specific performance requires a valid, signed agreement and timely action; failure to meet these can dismiss claims.
To establish a claim for specific performance, the plaintiff bears the burden of proving the authenticity of the contract, which was found lacking in this case.
The central legal point established in the judgment is the requirement for a party seeking specific performance to prove the execution of the sale agreement and demonstrate readiness and willingness ....
The plaintiff's failure to prove the execution of the sale agreement and her readiness and willingness for specific performance, along with the defendant's established possession and enjoyment of the....
Court emphasized that once agreements are executed and earnest money paid, specific performance can be enforced unless clear evidence of coercion or duress is presented.
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