KARAMJIT SINGH
Baljinder Kaur – Appellant
Versus
Major Singh – Respondent
| Table of Content |
|---|
| 1. plot ownership and agreement execution details. (Para 1 , 2 , 3) |
| 2. validity of the agreement's execution based on evidence. (Para 5 , 6 , 15 , 16) |
| 3. final judgment and dismissal of the appeal. (Para 10 , 18) |
| 4. arguments regarding ownership and signing of agreement. (Para 12 , 13) |
| 5. partial allowance of appeal. (Para 17) |
JUDGMENT
Karamjit Singh, J. (Oral)
The present appeal has been filed by appellants/defendants No.1 to 3 against the concurrent findings recorded by both the Courts below vide judgments dated 8.8.2012 passed by the Court of Civil Judge (Junior Division) Rajpura whereby the suit filed by respondent No.1 was decreed for possession by way of specific performance of agreement to sell dated 4.11.2004 with regard to land measuring 28 kanals 2 marlas as fully detailed in the head-note of the plaint and judgment dated 24.4.2013 passed by the Court of District Judge, Patiala whereby the appeal filed by defendants No.1 to 3 against the judgment passed by the learned trial Court has been dismissed except for khasra No.21//4/2 (1-8).
2. The brief facts of the case of plaintiff/respondents No.1 are that defendants No.1 to 3 executed an agreement to sell dated 4.1
The court ruled that defendants cannot sell land they do not own and upheld the validity of the agreement for the remaining land.
The requirement to prove the execution of an agreement to sell is essential for specific performance.
Specific performance of an agreement to sell is a non-discretionary relief and can be enforced if the plaintiff has always been ready and willing to perform their part of the contract.
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