Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAMESH KUMARI
Durga Dass (Deceased) through LRs – Appellant
Versus
Hira Singh (Deceased) through LRs – Respondent
JUDGMENT
Ramesh Kumari, J.
The appellant/defendant (hereinafter referred as 'defendant') has filed the present regular second appeal assailing the findings of learned trial Court in Civil Suit No. 923 of 20.05.1993 decided on 22.10.2001 and first Appellate Court in Civil Appeal No. 87 of 19.11.2001. The learned trial Court decreed the suit for possession by way of specific performance of agreements to sell filed by the respondents/plaintiffs (hereinafter referred as 'plaintiffs') against the defendant was decreed by the learned trial Court with direction to execute the sale deed within one month from rendering of judgement by the learned trial Court, upon receiving balance sale consideration amount and in case, the defendant did not turn up, the plaintiffs were at liberty to get the same executed through court of law. The remaining sale consideration was also ordered to be deposited in Court within 15 days from passing of judgement and the defendant was directed to execute sale deed within one month of deposit of balance sale consideration amount. First appeal was dismissed on 09.04.2003.
THE FACTS
2. The case of the plaintiffs is that defendant entered into agreement to sell dated 30.
Court emphasized that once agreements are executed and earnest money paid, specific performance can be enforced unless clear evidence of coercion or duress is presented.
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
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.
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.
Specific performance of an agreement to sell is a non-discretionary relief and can be enforced if the plaintiff has always been ready and willing to perform their part of the contract.
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
