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RITU TAGORE
Satya Parkash – Appellant
Versus
Banshi Lal @ Roop Singh – Respondent
JUDGMENT :
Ritu Tagore, J.
1. Appellant/defendant has filed this appeal against the judgment dated 20.12.2021 passed by learned Additional District Judge, Palwal whereby set aside the judgment and decree dated 03.05.2019 passed by learned Civil Judge (Junior Division), Hathin and decreed the suit for possession and specific performance, against the appellant-defendant and in favour of respondent/plaintiff.
2. For easy reference, the parties to the lis, hereinafter shall be referred to by their original status in the suit.
3. In brief facts of the case are that plaintiff filed a suit against the defendant for possession by way of specific performance, with material averments that defendant entered into an agreement dated 13.01.2006 with him, for sale of his land measuring 16 Kanal, as detailed in the head note of the plaint, situated within Revenue Estate of village Khokiyaka, Tehsil defendant received Rs. 37,45,000/- from him as part payment, and reduced into writing the agreement to sell with certain conditions as detailed in the agreement (and reproduced by the learned trial Court in para No. 2 of the judgment). One of the conditions of the agreement was to get the sale deed executed
The court affirmed that a plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform the contract, which was established in this case.
The absence of signature proof does not invalidate a specific performance decree if the plaintiff demonstrates readiness and willingness to perform the contract as required under the Specific Relief ....
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
Continuous readiness and willingness to perform a contract is essential for obtaining specific performance; mere execution of an agreement and issuance of notices do not suffice.
Sale agreement treated as loan security based on WhatsApp evidence and party conduct; appeal allowed with refund.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
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