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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Sukhwinder Kaur – Appellant
Versus
Sandeep Kaur – Respondent
| Table of Content |
|---|
| 1. factual context of the case and agreements. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments for the defendant challenging plaintiffs' claims. (Para 7 , 8 , 9 , 10 , 11) |
| 3. response from plaintiffs regarding the arguments raised. (Para 13 , 14 , 15 , 16 , 17) |
| 4. court's observations on the evidentiary issues presented. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. court discussions on limitation and adherence to agreement. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 6. legal precedents and principles regarding specific performance. (Para 31 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 7. final judgment regarding the appeal. (Para 40) |
| 8. conclusion and order of the court. (Para 41) |
JUDGMENT :
Nidhi Gupta, J.
Present second appeal has been filed by the defendant against the concurrent judgments and decrees of the learned Courts below whereby suit filed by the respondents/plaintiffs for possession by way of specific performance of Contract of Sale dated 01.07.1999, permanent injunction, and in the alternate for recovery of Rs.6 lakh, has been decreed by both the Courts below.
2. To correctly appreciate the dispute between the parties, the following family pedigree table reproduced hereinbelow, shall be u
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.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
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