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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Sukhwinder Kaur – Appellant
Versus
Sandeep Kaur – Respondent
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 useful: -
3. Brief facts of the case as pleaded in the plaint are that the defendant had agreed to sell the suit property to Dilbagh Singh vide Contract of Sale dated 01.07.1999. It was pleaded that Dilbagh Singh had died on 04.06.2002 leaving behind his legal heirs/plaintiffs. As such, the plaintiffs were legally entitled to get the Contract of Sale enforced in their favour. It was pleaded that intention of the defendant had become mala fide and instead of getting Sale Deed executed in favour of the plaintiffs, she was threatening to alienate, transfer the land in dispute to some other person. As such, present suit was filed on 23.07.2002.
4. Upon notice, the defenda
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.
A plaintiff in a specific performance suit must prove continuous readiness and willingness to perform their contractual obligations throughout, as mandated by Section 16(c) of the Specific Relief Act....
(1) Agreement to sell – Suit for specific performance – Purchaser who has paid full consideration and received original title deeds from seller would have taken possession under normal circumstances ....
Plaintiffs must prove continuous readiness and willingness to perform a contract for specific performance, supported by evidence of financial capacity.
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
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