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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Pushap Lata – Appellant
Versus
Varun Singla – Respondent
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 defendant fails to execute sale deed on receipt of balance sale consideration, plaintiff will have a right to get the sale deed executed through Court. It was further claimed that a sum of Rs.10,00,000/- was paid by the plaintiff to the defendant through 10 separate cheques dated 20.05.2009, 25.05.2009, 09.07.2009, 12.07.2009, 09.08.2009, 12.08.2009, 09.09.2009, 12.09.2009, 09.10.2009 and 12.10.2009 amounting to Rs.1,00,000/- each. Thus, the plaintiff paid a sum of Rs.14,00,000/- to the defendant. He always remained ready and willing
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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