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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Harvinder Singh – Appellant
Versus
Sanjay Ahuja – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. The plaintiff assails the judgment and decree dated 24.02.2014, passed by the Court of learned Additional District Judge, Ambala, dismissing the appeal filed by the plaintiff against the judgment and decree dated 25.09.2012, passed by the Court of learned Additional Civil Judge (Senior Division), Ambala vide which the suit for possession by way of specific performance filed by the plaintiff was dismissed.2. For the sake of convenience and clarity, parties shall be referred as per their original status.
3. The plaintiff Harvinder Singh filed a suit for possession of plot measuring 70 feet x 48 feet (373 sq. yards) (fully described in the plaint), situated at Village Boh, Tehsil & District Ambala (hereinafter referred to as 'the suit property') by way of specific performance of the agreement to sell dated 23.02.2003 with consequential relief of permanent injunction restraining the defendants from alienating the suit property.
4. The case, set up by the plaintiff, was that the suit property had been purchased by the defendants vide sale deed dated 05.09.1997. An agreement to sell was executed on 23.02.2003 vide which the defendants agreed to sell the suit
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance, which was not established in this case due to the failure to show evidence of intention a....
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
To secure a decree for specific performance, plaintiffs must demonstrate continuous readiness and willingness, supported by credible evidence, amidst a contract that specifies actionable terms.
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance; mere possession or improvements do not suffice.
The obligation to clear a mortgage lies with the seller, and the buyer's readiness to perform arises only after the seller fulfills this condition.
Time is generally not considered essence in immovable property contracts; refusal to perform requires consideration of readiness alongside equitable claims for refund.
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