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VIKRAM AGGARWAL
Manju – Appellant
Versus
Vijender Singh – Respondent
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 the sale deed was 29.10.2008. The plaintiff had always been ready and willing to perform his part of the contract. Since on 29.10.2008, there was a Government holiday, the plaintiff went to the house of the defendant on 30.10.2008 and called upon her to remain present in the office of the Sub-Registrar concerned for execution and registration of the sale deed. The plaintiff remained present in the office of the Sub-Registrar on 30.10.2008
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....
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....
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....
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