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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Jagjit Singh – Appellant
Versus
Manjit Kaur – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the plaintiff-appellant challenging the judgment and decree dated 29.11.2014 passed by the Trial Court and judgment and decree dated 04.09.2019 passed by the First Appellate Court whereby his suit for possession by way of specific performance has been dismissed.
2. Brief facts relevant to the present lis are that the plaintiff-appellant filed the suit averring that the suit property was owned by one Sundri Devi who died on 19.03.1976. The said Sundri Devi had, during her life-time, agreed to sell the suit property to the plaintiff-appellant for Rs.9800/- and had also received the entire sale consideration. The possession of the suit property was already with Amrik Singh, the brother of the plaintiff-appellant. It was further pleaded that since some portion of the suit property was vesting in the Central Government and the said Sundri Devi, being allottee thereof, was in arrears of installments, she could not execute the sale deed and executed an agreement to sell dated 10.10.1972 with the assurance that as soon as all the installments are paid she would inform the plaintiff-appellant and get the sale deed executed and
The plaintiff-appellant failed to prove the execution of the agreement to sell, thus precluding entitlement to specific performance.
An agreement to sell executed by one heir without proper authority from other heirs, particularly minors, is invalid and unenforceable under law.
(1) Agreement to sell – Suit for specific performance – Purchaser who has paid full consideration and received original title deeds from seller would have taken possession under normal circumstances ....
A plaintiff seeking specific performance must prove the existence of a valid contract and readiness to perform, failing which the claim will be dismissed.
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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