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KARAMJIT SINGH
Baljinder Kaur – Appellant
Versus
Major Singh – Respondent
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 4.11.2004 with regard to land measuring 28 kanal 2 marlas out of total land measuring 45 kanal 9 marlas and 1 kanal 8 marlas as per their share in Khewat/Khatanuni No.108/122 Khasra No.12//25(8-0), Khewat/Khatauni No.683/757, Khasra Nos. 12//16(8-0), 24(8-0), 21//5/2(6-9) 22 kanal 9 marla, Khewat/Khatoni No.1057/1177, Khasra Nos. 11/20(7-18)
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.
(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 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 emphasized that mere allegations of fraud require substantial proof, and readiness to perform in a contract is crucial in specific performance cases.
The trial court exceeded its jurisdiction by passing a decree for land not claimed by the parties, necessitating remand for fresh adjudication.
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