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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET KAUR JEEWAN
Krishana Devi – Appellant
Versus
Pushpa Devi – Respondent
JUDGMENT :
Harpreet Kaur Jeewan, J.
Both the present Regular Second Appeals bearing Nos. RSA-5076-2018 and RSA-866-2019 are arising out of a common judgment and decree dated 12.12.2017, passed by the learned Additional District Judge, Charkhi Dadri, as such, they are being disposed of by this common judgment.
2. The suit for specific performance for Agreement to Sell dated 09.01.2007, filed by the plaintiffs namely Pushpa Devi and Bala Devi, was decreed vide judgment and decree dated 11.02.2014, whereby, the defendant No.1-Krishana Devi/appellant was directed to execute the sale deed in favour of the plaintiffs.
2.1. The First Appellate Court dismissed both the appeals filed by the appellant/defendant No.1-Krishana Devi (hereinafter referred to as 'prospective vendor') and defendant No.2-Om Pal and defendant No.3-Vimal Kumar (hereinafter referred to as 'subsequent purchasers') vide common judgment and decree dated 12.12.2017, which has been impugned before this Court by filing the present Regular Second Appeals.
2.2. The defendant No.1-Krishana Devi (prospective vendor) filed RSA-5076-2018, whereas, defendant No.2-Om Pal and defendant No.3-Vimal Kumar (subsequent purchasers) filed RSA-8
The plaintiffs failed to prove readiness and willingness to perform their part of a contract for specific performance; thus, the appellate court's ruling was erroneous.
The continuous readiness and willingness of the plaintiff to perform his part of the contract is a condition precedent to grant the relief of specific performance.
In a suit for specific performance, the plaintiff must demonstrate both readiness and willingness to perform the contract, and failure to do so within the stipulated time can bar the relief, regardle....
Specific performance – Relief of specific performance is equitable remedy – Plaintiff have to necessarily show their readiness and willingness in performing their part of contract from date of agreem....
The plaintiff must establish continuous readiness and willingness to perform a contract to be entitled to specific performance under Section 16(c) of the Specific Relief Act.
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
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