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HARKESH MANUJA
Tarlok Singh – Appellant
Versus
Nishan Singh – Respondent
| Table of Content |
|---|
| 1. suit for specific performance based on prior contractual agreement. (Para 1 , 2 , 3) |
| 2. burden of proof lies on appellants to disprove the agreement's existence. (Para 5) |
| 3. court found no unfair trial issue despite non-framing of limitation matter. (Para 6 , 8) |
| 4. absence of specific refusal date not fatal to the respondent's claim. (Para 7 , 9 , 11) |
| 5. appeal dismissed; lower court rulings maintained without perceivable error. (Para 12) |
JUDGMENT
Mr. Harkesh Manuja, J.(Oral)
By way of present appeal, challenge has been laid to the judgments and decrees dated 08.03.2019 and 06.03.2023, passed by the Courts below, whereby, suit for possession by way of specific performance filed at the instance of respondent-plaintiff based on an agreement to sell dated 24.07.2002, besides seeking relief of permanent injunction, stands decreed.
2. Briefly stating, based on an agreement to sell dated 24.07.2002, the respondent-plaintiff filed a suit for possession by way of specific performance qua 07 marlas of land/house situated at Abadi Baggewali, Verka, Amritsar, while stating that though the entire sale consideration of Rs.1,70,000/- was paid to the appellants-defendants against deli
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.
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....
Contractual obligations in specific performance suits require timely action; failure to act within statutory limitation renders claims void.
The absence of a fixed date for performance in a contract for sale means that the limitation period for filing a suit for specific performance begins when the plaintiff receives notice of refusal, ma....
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
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