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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Sunita – Appellant
Versus
Rajender Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
1. Present Regular Second Appeal was earlier disposed of by a Coordinate Bench of this Court by way of order dated 16.01.2019. However, the said order was challenged by the respondent of the appeal before Hon'ble Supreme Court by filing Civil Appeal No.4222 of 2023 (arising out of SLP-C-19102-2019) and by way of order dated 06.07.2023, Hon'ble Supreme Court has set aside the order dated 16.01.2019 of this Court and has remanded the matter with the direction to examine the appeal afresh on the question of entitlement of the plaintiff to enforce specific performance of the agreement or any other relief. That is how, the present appeal is again before this Court.
2.1 Perusal of the paper-book would reveal that vide an agreement dated 10.04.2006, Raj Singh, the predecessor-in-interest of the defendants (appellants & performa respondent herein) had agreed to sell the suit land to plaintiff-Rajender Singh (respondent No.l herein) and an amount of ?4 lakh was paid as earnest money. Initially, the target date for execution of the sale deed was fixed as 16.08.2006, but with mutual consent, it was extended firstly to 16.12.2006 and thereafter to 31.01.2007. Seeking t
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.
Agreement to Sell – Suit for Specific Performance – There is distinction between limitation and delay and laches.
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.
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....
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