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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Satpal Goel (Since Deceased) Through Lrs. – Appellant
Versus
Surinchala Handa – Respondent
JUDGMENT :
Pankaj Jain, J.
Defendant is in second appeal. For convenience, the parties are being referred to by their original position in the suit before the Court of first instance i.e. the appellant as defendant and the respondent as plaintiff.
2. Plaintiff filed a suit seeking decree of possession by way of specific performance claiming that he along with defendant jointly purchased two parts of land measuring 2 kanals 13 marlas vide sale deed dated 24.01.2005 and land measuring 7 marlas 252 sq. feet vide sale deed dated 13.07.2005. Plaintiff is owner to the extent of 2/3rd share and defendant owned to the extent of l/3rd share in the purchased land. Parties orally divided the same. Defendant was allotted a separate portion of land measuring 51'-4' x 107'-6'. Rest of the property came to the possession of plaintiff where he installed petrol pump. Vide Agreement to Sell dated 14.02.2008, defendant agreed to sell his l/3rd share to the plaintiff for a valuable consideration of Rs.24 lakh. On the date of execution of agreement to sell, Rs. 10 lakh was paid by the plaintiff to the defendant as earnest money. The parties agreed to get the sale deed executed on or before 11.08.2011. Pla
The court held that the plaintiffs failed to prove the existence of a valid oral agreement for the sale of land, leading to the dismissal of their suit for specific performance.
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 burden of proof for fraud allegations lies with the defendants, and mere allegations without evidence do not invalidate an agreement for specific performance.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
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