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HARKESH MANUJA
Mewa Devi – Appellant
Versus
Rajbir – Respondent
ORAL JUDGMENT
Mr. Harkesh Manuja, J.
In the present appeal, challenge has been laid to the judgments and decrees dated 23.09.2019 and 19.07.2022 passed by the Courts below whereby, a suit for possession by way of specific performance besides seeking declaration as well as permanent injunction, filed at the instance of respondent No.1-plaintiff has been decreed.
2. Briefly stating, based on an agreement to sell dated 27.09.2012, respondent No.1-plaintiff filed a suit for possession by way of specific performance regarding land measuring 2 Kanals and 16 marlas, situated in the revenue estate of village Fazilpur Badli, Tehsil Farrukh Nagar, District Gurugram. It was further prayed that appellant-defendant No.2 be restrained from alienating the suit property besides seeking declaration qua sale deed dated 30.10.2012 executed by respondent No.2 in favour of appellant. As per the plaint, the total sale consideration was Rs.15,00,000/-; whereas Rs.7,00,000/- was paid as earnest money and the target date was fixed as 27.03.2013. It was also pleaded that respondent No.2-defendant No.1 sold the suit property in the name of appellant-defendant No.2 vide registered sale deed dated 31.10.2012 so
The validity of an agreement to sell is determined by credible testimonies supporting its execution; familial relationships do not alone discredit evidence in property transactions.
The court ruled that defendants cannot sell land they do not own and upheld the validity of the agreement for the remaining land.
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.
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
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