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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Kishan Chand (Through Lrs) – Appellant
Versus
Balbir Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
1. Suit for specific performance of the property in dispute filed by plaintiffs Balbir Singh and others (respondents herein) was decreed by the trial Court of learned Sub Judge 1st Class, Faridabad vide his judgment & decree dated 17.04.1995. Appeal filed by the defendants Kishan Chand and others (now appellants through respective LRs) was dismissed by the first Appellate Court of learned District Judge, Faridabad vide judgment dated 19.08.1998. Against these concurrent findings, the defendants have 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.
3.1 Admittedly, defendant No.l Kishan Chand was owner of agricultural land measuring 417 Kanai 1 Marla being 8341/18032 share in total land measuring 901 Kanai 12 Marla situated in the Revenue Estate of Village Dulhepur, Tehsil Ballabgarh, District Faridabad as per Jamabandi for the year 197778. He agreed to sell the said land to the plaintiffs vide an agreement to sell dated 28.04.1984 (Ex.P18), with following material terms & conditions:
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The court ruled that plaintiffs lack standing to enforce a contract due to improper execution and failed to prove readiness and willingness to perform the obligations under the contract.
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A co-sharer in joint property can only transfer their interest, and an agreement to sell is unenforceable if it does not include all necessary parties and if it is contingent upon conditions that hav....
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