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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Gurnek Singh – Appellant
Versus
Balbir Singh – Respondent
Judgment
Vikram Aggarwal, J.
CM-8932-C-2024
Prayer in the present application preferred under Section 5 of the Limitation Act, 1963 read with Section 151 CPC is for condonation of delay of 4 days in filing the appeal.
Heard.
For the reasons mentioned in the application, which is duly supported by an affidavit, the same is allowed. The delay of 4 days in filing the appeal is condoned.
RSA-2190-2024 (O&M)
Defendant is in appeal against the judgment and decree dated 20.04.2024 passed by the Court of Additional District Judge, Yamuna Nagar, dismissing the appeal against the judgment and decree dated 12.02.2020 passed by the Court of Civil Judge (Jr. Divn.), Yamun Nagar, vide which the suit of the plaintiff for possession by way of specific performance was decreed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. Plaintiff (Balbir Singh) instituted a suit for possession by way of specific performance of agreement to sell dated 24.11.2015, stated to have been executed by the defendant (Gurnek Singh) in favour of the plaintiff in respect of land measuring 5 kanals 5 marlas (fully described in the plaint), situated at Mauja Jamalpur, Sub-Te
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
In specific performance cases, the plaintiff must continuously demonstrate financial capacity and willingness to perform contractual obligations for relief, requiring substantial evidence rather than....
The plaintiff must independently prove both 'readiness' and 'willingness' to perform under Section 16(c) of the Specific Relief Act to succeed in a suit for specific performance.
The appellate court emphasized that specific performance requires proof of the plaintiff's readiness and willingness to perform the contract, which was not adequately addressed by the trial Court.
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.
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