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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Shivjot Developers And Builders Ltd. – Appellant
Versus
Sarup Singh – Respondent
| Table of Content |
|---|
| 1. facts surrounding the specific performance suit and agreements between parties. (Para 1 , 2 , 4 , 5 , 8 , 10) |
| 2. arguments from the plaintiff regarding contract readiness. (Para 11 , 12) |
| 3. court findings on lack of readiness and the implications for earnest money. (Para 14 , 15 , 16 , 18) |
JUDGMENT :
Nidhi Gupta, J. (Oral)
The plaintiff is in second appeal before this Court laying challenge to the judgment and decree dated 17.8.2015 passed by the learned Trial Court whereby decree for specific performance was declined, but refund of earnest money was ordered; and judgment and decree dated 5.3.2019 passed by the ld. 1st Appellate Court, whereby refund of earnest money was set aside; and thus praying for decretal of the suit in toto.
2. By way of this common judgment the 02 aforementioned appeals are being disposed of, as both appeals have arisen out of common impugned judgments of both the Courts below dated 17.08.2015 (trial Court) and 05.03.2019 (1st Appellate Court) and similar facts are involved therein. For brevity, the facts are being extracted from RSA-4949-2019.
3. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e
The court upheld that non-fulfillment of contractual obligations justified the forfeiture of earnest money, affirming the agreement's explicit terms regarding readiness to perform.
The obligation to clear a mortgage lies with the seller, and the buyer's readiness to perform arises only after the seller fulfills this condition.
The plaintiff's failure to demonstrate readiness and willingness to perform the contract led to the dismissal of the appeal for specific performance.
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