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PANKAJ JAIN
Madan Lal – Appellant
Versus
Mohinder Kaur – Respondent
JUDGMENT :
Pankal Jain, J.
CM-3822-C-2020 & CM-3823-C-2020
These applications have been filed seeking condonation of delay of 934 days in re-filing and 32 days in filing the present appeal.
For the reasons recorded, the application, this Court is satisfied that the applicant-appellant has shown sufficient cause to condone the delay in re-filing/filing the appeal.
Applications are allowed. Delay in re-filing and filing the appeal is condoned.
Main Case
1. Plaintiff is in second appeal. For convenience parties hereinafter are referred to by their original position in the suit i.e. the appellant as plaintiff and respondent as defendant.
2. Plaintiff filed suit seeking decree of specific performance of an agreement to sell dated 01.04.2010. The pleaded case of the plaintiff was that agreement to sell was executed by defendant in her favour on 01.04.2010 after receiving earnest money of Rs.1.00 Lac. As per the agreed terms sale deed was to be executed on or before 30.11.2010 on payment of balance sale consideration. The total sale consideration was agreed to be Rs.4.00 lacs. Plaintiff in order to prove his case examined Lakhvir Singh and Bhim Sain, two attesting witnesses as PW1 and PW2 resp
The credibility of attesting witnesses is crucial in determining the validity of an agreement to sell, especially when mutual interests among them are evident.
The burden of proof for fraud allegations lies with the defendants, and mere allegations without evidence do not invalidate an agreement for specific performance.
Direct evidence proving execution of the agreement outweighed the claim of forgery.
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....
Specific performance of a contract is the rule, while refusal is an exception requiring substantial proof of grounds for denial.
The plaintiff must prove the passing of consideration and the genuineness of the sale agreement for the discretionary relief of specific performance.
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