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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Jarnail Singh – Appellant
Versus
Charanjit Singh – Respondent
JUDGMENT :
Amarinder Singh Grewal J.
C.M. No.1558-C of 2024
The instant application has been filed under Order 1 Rule 10 read with Section 151 CPC for impleading respondents No.9 and 10 as contesting respondents, being necessary parties for just and proper adjudication of the case.
Learned counsel for the applicants-proposed respondents No.9 and 10 submits that the applicants herein had purchased the property on 29.11.2007 being bona fide purchasers against consideration and, therefore, they are necessary party for proper adjudication of the case. It is further submitted that the applicants acted in good faith as they did not have knowledge of prior agreement to sell and thus, they could not be bound by the agreement to sell. In support of his contention, he relies upon the judgment passed by a Coordinate Bench of this Court in Usha Rani Vs. Shakuntla and others 2025(2) RCR (Civil) 483.
Further reliance is placed upon the judgments passed by the Hon'ble Supreme Court in Ram Awadh (dead) by LRs Vs. Achhairbar Dubey 2000(2) RCR (Civil) 2 and B. Vijaya Bharathi Vs. P. Savitri and others (2018) 11 SCC 761 to contend that plea of readiness and willingness of vendee is available to all d
The plaintiff's assertion of readiness and willingness in specific performance claims must be continuous and substantiated; the burden lies on the party contesting the agreement's legitimacy.
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.
The court established that a written agreement of sale is conclusive evidence of the parties' intentions, and the plaintiff must continuously demonstrate readiness and willingness to perform their co....
Appellate courts must uphold trial court findings unless explicitly challenged; sales during ongoing litigation violate the principle of lis pendens.
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
The court ruled that a suit for specific performance was not barred by Order 2, Rule 2 CPC as the appellants were permitted to withdraw a prior suit and file a new one.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
Agreement to Sell – Suit for specific performance based on bald and vague pleadings must necessarily be rejected – There is distinction between readiness to perform contract and willingness to perfor....
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.
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