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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Usha Rani – Appellant
Versus
Shakuntla – Respondent
JUDGMENT :
Deepak Gupta, J.
Suit for possession by way of specific performance, regarding property in dispute, based on agreement to sell dated 03.01.2004 filed by plaintiffs Shakuntla and others (respondents No.l to 4 herein) was dismissed by the trial Court of Id. Additional Civil Judge (Sr. Divn.), Bhiwani vide judgment dated 02.01.2015. However, the appeal filed by the said plaintiffs was accepted by Id. Additional District Judge, Bhiwani, who reversed the findings of the trial Court and decreed the suit vide judgment dated 08.10.2018. Against this reversal, one of the defendants, a subsequent vendee, has approached this Court by way of the present Regular Second Appeal.
2. Trial Court record was called. Same has been perused. In order to avoid confusion, parties shall be referred as per their status before the trial Court.
3. Suit was filed by four plaintiffs - Smt. Shakuntla and others (respondents No.l to 4 herein) against three defendants namely, Mange Ram, Jagdish and Om Parkash (respondents No.5 to 7 herein). Defendants No.4 to 19 (appellant and respondents No.8 to 22 herein) were impleaded later on as subsequent vendees.
4.1. Concededly, defendants No.l to 3, being owners of
The plaintiffs failed to prove readiness and willingness to perform their part of a contract for specific performance; thus, the appellate court's ruling was erroneous.
The plaintiff's assertion of readiness and willingness in specific performance claims must be continuous and substantiated; the burden lies on the party contesting the agreement's legitimacy.
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
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