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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Vijay Singh – Appellant
Versus
Manik Ram – Respondent
JUDGMENT :
Nidhi Gupta, J.
1. The defendant is in second appeal before this Court challenging the concurrent findings returned by the Courts below whereby the suit filed by the respondent/plaintiff for possession by way of specific performance of Agreement to Sell dated 10.06.2010, along with consequential relief of permanent injunction, has been decreed by both the learned Courts below.
2. The parties shall hereinafter be referred to as per their status before the learned trial Court.
3. Brief facts as averred by the respondents-plaintiffs in the plaint are that appellants-defendants Vijay Singh and Sudesh resident of village Rewali have represented themselves that they are owners in possession of land situated in the area of Village Patti Kalyana, District Panipat and agreed to sell 04 Kanal of land being 2/5 share out of 09K-19 M of land situated in the Revenue Area of Village Patti Kalyana Tehsil and District Panipat comprised in Khewat No.1104/1069, Khatoni no.1155, Rect. No.39, Killa No.2/2/1(3-19), Khewat No.2117/2048, Khatoni No.2205, Rect. No.32, Killa No. 21/2(0-10), 22/2/2(2-9), Rect. No.39, Killa No.2/1. (3-1), Kittas 3 against total sale consideration of Rs.40,50,000/-. Vi
The plaintiffs failed to prove readiness and willingness to perform their part of a contract for specific performance; thus, the appellate court's ruling was erroneous.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
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.
Agreement to sell – Suit for Specific Performance of Contract – Readiness and Willingness are two different aspects and both are required to be proved by Plaintiff.
The court emphasized the necessity for continuous proof of a party's readiness and willingness to perform contract obligations and that unregistered agreements impacting possession must be duly stamp....
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