Back
VIKRAM AGGARWAL
Manju – Appellant
Versus
Vijender Singh – Respondent
| Table of Content |
|---|
| 1. the factual background of the lawsuit. (Para 2 , 3 , 4 , 5 , 6) |
| 2. trial court's decree and its appeal. (Para 7 , 8) |
| 3. arguments regarding specific performance and hardship. (Para 9 , 10 , 11 , 12) |
| 4. court's analysis of the specific performance issue in relation to hardship. (Para 13 , 14 , 15 , 16 , 17) |
| 5. court's rationale and precedent confirmation. (Para 18 , 19 , 20) |
| 6. final decision and order of the court. (Para 21) |
JUDGMENT
Vikram Aggarwal, J.
The defendant-Manju is in second appeal against concurrent findings of facts and law recorded by both the Courts below. For the sake of convenience, the parties shall be referred as per their original status.
2. The plaintiff filed a suit for possession of a house situated at Mohalla Tibri Gujran, Near Bawal Chowk, Rewari (fully described in the plaint) (hereinafter referred to as 'the suit property') by way of specific performance of agreement to sell dated 13.05.2008. It was the case of the plaintiff that the agreement to sell dated 13.05.2008 had been executed with regard to the suit property. The total sale consideration was Rs. 6,50,000/-. Rs. 5,80,000/- was paid as earnest money. The date fixed for the execution of
Specific performance can be granted despite a clause for penalty if the contract execution and readiness to perform are established.
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
Specific performance is a discretionary remedy; a plea of hardship requires foundational pleadings and evidence demonstrating that the hardship was unforeseeable at the time of contract execution. Re....
Discretion in granting specific performance under Section 20 of the Specific Relief Act requires sound judicial reasoning, considering hardship and fairness to both parties, especially in the presenc....
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
The court's discretion to grant specific performance is not arbitrary; it must consider unforeseen hardship to the defendant at the time of contract execution, not merely subsequent changes in circum....
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
