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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
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 appellant is being referred to as the plaintiff whereas the respondent as defendant.
4. Brief facts of the case are that the plaintiff had filed a suit for joint possession as owner by way of specific performance of agreement to sell dated 03.08.2005 and 19.09.2005 regarding the suit land measuring 16
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.
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