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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Sandeep Sanghi – Appellant
Versus
Perhlad Singh – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
This is plaintiff’s appeal against the judgment and decree dated 02.08.2021, passed by the Court of Additional District Judge, Narnaul dismissing the cross-objections filed by the plaintiffs and the appeal filed by the defendants against the judgment and decree dated 18.02.2017, passed by the Court of Additional Civil Judge (Senior Division), Narnaul vide which the suit for specific performance of agreement to sell, filed by the plaintiffs was dismissed but relief of recovery of Rs.9,00,000/- without interest was granted.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3(i). The plaintiffs (Sandeep Sanghi, Mahesh Gupta, Pawan Raj and Manmohan Rawat) instituted a suit for possession by way of specific performance of agreement to sell dated 29.05.2009 stated to have been executed by defendant No.1 (Prahalad Singh) in their favour in respect of land measuring 11 kanals (fully described in the plaint), situated in the Revenue Estate of Village Nangal Kalia, Tehsil Narnaul, District Mohindergarh (hereinafter referred to as ‘the suit land’). Consequential relief of recovery of Rs.25,85,000/- alongwith inte
For specific performance, a claimant must prove their readiness and willingness to execute the agreement; failure to appear on the scheduled date undermines the claim.
The central legal point established in the judgment is that a party seeking specific performance must demonstrate readiness and willingness to perform the contract within the stipulated period, and a....
A plaintiff must demonstrate readiness and willingness to perform contractual obligations for a decree of specific performance under the Specific Relief Act, which both lower courts adequately confir....
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
The necessity for a plaintiff to demonstrate readiness and willingness to perform a contract is crucial in specific performance cases, especially when significant time has elapsed since the agreement....
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