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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Balbir Singh – Appellant
Versus
Raj Pal – Respondent
JUDGMENT :
Virinder Aggarwal, J.
This appeal has been filed challenging the judgment and decree dated 31.01.2025, by which the appeal preferred by the respondent/plaintiff was allowed by the learned Additional District Judge, Ambala. The impugned judgment and decree is contested on the grounds that the suit for specific performance of contract of sale concerning the immovable property is barred by limitation, as the agreement was executed on 19.10.2001 while the suit was instituted much later i.e. on 02.01.2014. The learned Civil Judge had correctly dismissed the suit as time-barred. Additionally, it is contended that at the time of execution, only a mere right in the nature of a 'chance to succeed' as a 'heir apparent' cannot be transferred under the provisions of Section 6 of the Transfer of Property Act, 1882 (hereinafter referred to as 'the Act').
2. I have given due and careful consideration to the detailed submissions advanced by the learned counsel and have conducted a thorough and meticulous examination of the entire record before this Court.
3. As regards the scope of second appeal, it is now a settled proposition of law that in Punjab and Haryana, second appeals preferred are
Suit for Specific Performance – Unlimited limitation would lead to a sense of insecurity and uncertainty.
The main legal point established in the judgment is that the respondents' claim of possession and tenancy was contradictory and not supported by evidence, and that the decree obtained by the first re....
The absence of a valid contract and significant delays in filing the suit rendered the plaintiff's claims unenforceable, emphasizing strict adherence to property law principles and limitations.
The court upheld that a partition among co-owners allows individual members to execute sale agreements for their shares without needing consent from others, reinforcing the enforceability of prior co....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to fulfill contractual obligations, and mere existence of an agreement without adequate proof does not s....
A co-sharer in joint property can only transfer their interest, and an agreement to sell is unenforceable if it does not include all necessary parties and if it is contingent upon conditions that hav....
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