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HARKESH MANUJA
Gurdip Singh (Since Deceased) – Appellant
Versus
Bhupinder Pal Singh – Respondent
JUDGMENT
Mr. Harkesh Manuja, J. (Oral)
By way of present appeal, challenge has been made to the judgment and decree dated 02.07.2018 passed by the Court of learned Additional Civil Judge (Senior Division), Faridkot as well as judgment and decree dated 24.01.2023 passed by the Court of learned District Judge, Faridkot, thereby, decreeing the suit for possession by way of specific performance filed at the instance of respondents-plaintiffs.
2. Briefly stating, the facts are that respondent No.3 entered into an agreement to sell dated 16.12.2004, in favour of respondents No.1 and 2 qua sale of the property in question with 20.05.2005 being the target date. As per the facts pleaded in the plaint, earnest money of Rs.1.5 lakh was paid to the vendor, however, in the meanwhile even before the target date, the vendor executed sale deed dated 20.12.2004 in favour of the present appellants, which was registered on 22.12.2004. Faced with this, respondents No.1 and 2 filed suit for possession by way of specific performance of the agreement to sell dated 16.12.2004, besides even seeking declaration qua the sale deed dated 20.12.2004 executed by respondent No.3 in favour of the present appellants
The admission of an agreement's execution shifts the burden of proof to the denying party, and failure to substantiate denial supports the validity of the agreement for specific performance.
Suit for Specific Performance – Unlimited limitation would lead to a sense of insecurity and uncertainty.
Agreement to sell – Suit for Specific Performance – Validity of agreement is something different and does not change date of performance – Suit can be dismissed on the ground of limitation alone.
Contractual obligations in specific performance suits require timely action; failure to act within statutory limitation renders claims void.
The court emphasized the importance of readiness and willingness to execute a sale deed in specific performance cases, and highlighted the significance of adhering to limitation periods for filing su....
Limitation for filing a suit for specific performance commences after one month from the execution of the release deed, not from the date of the original agreement.
The court upheld that a suit for specific performance was barred by limitation, emphasizing the equitable nature of such relief and the rights of subsequent purchasers.
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