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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Meenu – Appellant
Versus
Sanjay Khanagwal – Respondent
JUDGMENT :
Deepak Gupta, J.
Suit for specific performance filed by plaintiff - Smt. Meenu (appellant herein) was decreed by learned Civil Judge (Sr. Divn.), Bhiwani vide his judgment dated 02.05.2012. However, the appeal filed by the defendant -Sanjay Khanagwal (respondent herein) was though dismissed, but the appellate Court of learned Addl. District Judge, Bhiwani vide his judgment dated 18.02.2014, while modifying the relief, declined the relief of specific performance, and ordered the defendant to pay double the earnest money to the plaintiff in terms of the agreement (Ex.P1), along with interest. Against this reversal qua the relief of specific performance, plaintiff has approached this Court by way of the present regular second appeal.
2. Trial Court record was called. The same has been perused. In order to avoid any confusion, parties shall be referred as per their status before the trial Court.
3.1 As per the case pleaded by the plaintiff, the defendant is the owner of the disputed house measuring 70 square yards, situated in Bhiwani, and fully detailed & described in the headnote of the plaint. The plaintiff as serts that the defendant agreed to sell the property to her throug
Specific performance can be granted despite a clause for penalty if the contract execution and readiness to perform are established.
Mere escalation of price does not constitute hardship to the vendor, and the conduct of the parties and the terms of the agreement are crucial in determining entitlement to specific performance.
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
The court upheld the agreement to sell's execution and the plaintiff's readiness to perform the contract. Specific performance granted with enhanced consideration due to market changes reflecting the....
The court's discretion to grant specific performance is not arbitrary; it must consider unforeseen hardship to the defendant at the time of contract execution, not merely subsequent changes in circum....
In discretionary specific performance cases, courts must balance hardship and enforceability; mere proof of agreement does not guarantee relief when it risks severe hardship for the defendant.
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