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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Pushap Lata – Appellant
Versus
Varun Singla – Respondent
| Table of Content |
|---|
| 1. agreement for specific performance established. (Para 3 , 4) |
| 2. trial court and appellate court findings on readiness and willingness. (Para 6 , 7) |
| 3. arguments on defendant's alleged dishonesty. (Para 8 , 9) |
| 4. issues of non-suit regarding agreement cancellation. (Para 11 , 12) |
| 5. legal principles regarding delay in specific performance. (Para 13 , 14 , 15 , 16 , 17) |
| 6. evidence supports plaintiff's readiness for specific performance. (Para 18 , 19) |
| 7. appeal dismissed; main relief granted to plaintiff. (Para 20 , 21) |
JUDGMENT :
PANKAJ JAIN, J.
1. Defendant is in second appeal.
2. For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the appellant as the defendant and the respondent as the plaintiff.
3. Plaintiff filed suit for specific performance claiming that defendant agreed to sell land measuring 8 Kanals in his favour for a total sale consideration of Rs.20,60,000/- per acre. On 12th of May, 2009 when the agreement was executed, plaintiff paid defendant a sum of Rs.4,00,000/- as earnest money. Both the parties agreed to get the sale deed executed on or before 20th of November, 2009. It was further agreed that in case def
Delay in filing a suit for specific performance is insufficient to deny relief if the contract is within the statutory limitation period and the plaintiff demonstrates readiness and willingness to pe....
A plaintiff seeking specific performance must prove continuous readiness and willingness to fulfill the contract's terms, especially when time is considered essential, otherwise relief can be denied.
Agreement to Sell – Suit for Specific Performance – There is distinction between limitation and delay and laches.
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
The court held that time is of the essence in contracts for the sale of land, and undue delay in filing for specific performance can negate entitlement to relief.
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