Back
HARKESH MANUJA
Shanti Devi – Appellant
Versus
Jeet Kaur – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim based on agreement to sell. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appellants contest appellate court ruling. (Para 6 , 7 , 8) |
| 3. arguments regarding consent decree validity. (Para 9 , 10) |
| 4. court's analysis of consent decree's legality. (Para 11 , 12) |
| 5. proof of agreement and right to specific performance. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 6. decision to dismiss appeal. (Para 19) |
JUDGMENT
Harkesh Manuja, J.
By way of present appeal challenge has been made to the judgment and decree dated 02.04.1990 passed by Learned First Appellate Court; whereby decree for possession by way of specific possession, based on an agreement to sell dated 29.11.1974 has been passed in favour of plaintiffs as well as defendants No.2 & 3 (parties shall be referred to plaintiff and defendants) while reversing the judgment and decree dated 01.08.1988 passed by the learned trial Court.
2. Briefly stating, facts of the case as pleaded in the original plaint are that defendant No.1- Hans Raj owned land measuring 82 Kanals 6 marlas situated in Village Kakrala Anayat, Tehsil Kurla, District Kurukshetra. Regarding the aforesaid land, an agreement to sell dated 29.11.1974 was executed betwee
The court ruled that a suit for specific performance was not barred by Order 2, Rule 2 CPC as the appellants were permitted to withdraw a prior suit and file a new one.
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
(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....
The court upheld the agreement to sell's execution and the plaintiff's readiness to perform the contract. Specific performance granted with enhanced consideration due to market changes reflecting the....
The court emphasized the importance of matching signatures, entitlement to raise the plea of readiness and willingness despite denying the execution of documents, the effect of material interpolation....
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
