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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Veena Rani – Appellant
Versus
Suraj Bansal – Respondent
JUDGMENT :
Pankaj Jain, J.
Defendent-Vendor is in appeal.
2. For convenience, the parties hereinafter are referred to by their original position before the Court of the First instance i.e. appellant as defendant and respondent as plaintiff.
3. Plaintiff filed suit seeking decree of possession by way of specific performance of agreement to sell dated 03.02.2006 qua residential house constructed on 215 Square Yards as described in the plaint.
4. Plaintiff claimed that defendant agreed to sell the suit property in his favour for a valuable consideration of Rs.30,51,000/- on 03.02.2006 and received earnest money of Rs.7,50,000/-. Parties agreed to get the sale deed executed on the payment of balance sale consideration of Rs.23,01,000/- on or before 03.05.2006. Plaintiff claimed to have remained present in the office of Sub Registrar, Sirsa on the target date i.e., 03.05.2006 with the balance sale consideration. Defendant failed to come present. Thereafter, he made repeated requests to the defendant to execute the sale deed and finally served legal notice on her through his counsel on 12.08.2008 calling upon her to fix any date within 15 days from the receipt of the notice and execute the sa
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.
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....
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....
Agreement to Sell – Suit for Specific Performance – There is distinction between limitation and delay and laches.
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....
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.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
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