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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Surjit Kaur (Since Deceased) Through Her Lrs. – Appellant
Versus
Pawan Kumar – Respondent
Judgment :
Virinder Aggarwal, J.
By institution of the present Regular Second Appeal (here-in-after referred to as 'RSA'), the appellant has endeavoured to assail the concurrent judgments and decrees rendered by the learned Courts below. The gravamen of the challenge, as projected on behalf of the appellant, is that the findings so returned do not emanate from a dispassionate or judicious appreciation of the evidence available on record, but rather stand vitiated for having been premised upon conjectures, surmises, and unfounded presumptions. It is urged that such an approach has resulted in manifest illegality and substantial miscarriage of justice, thereby causing serious prejudice to the rights and interests of the appellant. On the strength of these contentions, the appellant seeks intervention of this Court for setting-aside the impugned judgments and decrees.
2. The circumstances giving rise to the present proceedings are outlined as follows:-
'The plaintiffs filed the suit seeking possession and specific performance of an agreement to sell dated 14.08.2014 executed by the defendant (since deceased, represented by her legal representatives) in respect of a house at Village Dhakan
The burden of proof for fraud allegations lies with the defendants, and mere allegations without evidence do not invalidate an agreement for specific performance.
The burden of proof in specific performance cases lies with the parties, and the plaintiff's readiness and willingness to perform the contract are crucial.
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