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PANKAJ JAIN
Ram Phal – Appellant
Versus
Inder Singh – Respondent
JUDGMENT :
(Pankaj Jain, J.)
Defendant is in second appeal. For convenience, parties hereinafter are referred to by their original position in the suit i.e. the appellant as defendant and respondent as the plaintiff.
2. Plaintiff filed suit for possession by way of specific performance of an agreement to sell dated 25.02.2015 claiming the defendant agreed to sell suit land as detailed in para No.1 of the plaint in his favour for valuable consideration of Rs.13,12,500/-. Out of total sale consideration, Rs.10 lakh was paid as earnest money. Rs.7,82,000/- was paid by way of cheque and Rs.2,18,000/- in cash. Both the parties agreed to get the sale deed executed on or before 24.11.2015. Plaintiff further claimed that on the appointed day i.e. 24.11.2015, plaintiff remained present in the office of Sub-Registrar with balance sale consideration and the expenses of registration. However, defendant failed to turn up. Suit was instituted on 22.03.2017.
3. Suit was contested by the defendant who denied execution of the agreement to sell. It was claimed that the agreement to sell is a result of fraud and forgery. Though receipt of amount by way of cheque was admitted, but receipt of cash amount
Specific performance of a contract is the rule, while refusal is an exception requiring substantial proof of grounds for denial.
The burden of proof in specific performance cases lies with the parties, and the plaintiff's readiness and willingness to perform the contract are crucial.
Contract and Specific Reliefs – Agreement to Sell - It is well settled that remedy of specific performance is an equitable one and Court while granting decree of specific performance exercises its di....
The court affirmed that a plaintiff seeking specific performance must prove valid execution of the agreement and continuous readiness to perform contractual duties, which the plaintiff successfully d....
The plaintiff must independently prove both 'readiness' and 'willingness' to perform under Section 16(c) of the Specific Relief Act to succeed in a suit for specific performance.
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