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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Jasbir Singh – Appellant
Versus
Bagicha Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
Present Second Appeal has been filed by the defendant against the judgment of reversal dated 26.07.2016 passed by the learned Additional District Judge, Amritsar; whereby appeal filed by the respondent/plaintiff against the dismissal of his suit was, 'partly accepted and the impugned judgement dated 15.11.2014 is set aside and suit of the plaintiff is partly decreed granting the alternative relief of recovery of Rs.6,00,000/- to the plaintiff-appellant with interest at the rate of 9% per annum from the date of payment/agreement till its realisation. '
2. Brief facts of the case are that the respondent/plaintiff had filed a suit for possession by way of specific performance of the Agreement to Sell dated 21.07.2008 (Ex.P1) executed by the defendant in favour of the plaintiff in respect of suit land measuring 3K 8M/1700 sq.yds. @ Rs.1885 per sq.yd.; and consequential relief of permanent injunction; and in alternative, suit for recovery of Rs.12 lacs being double of the earnest money. It was pleaded in the plaint that the Agreement dated 21.07.2008 has been executed by the defendant in favour of the plaintiff for sale of suit land for total sale consideration o
Specific performance requires continuous proof of readiness and willingness, which was found lacking in this case, leading to a dismissal of the claim.
The court upheld that non-fulfillment of contractual obligations justified the forfeiture of earnest money, affirming the agreement's explicit terms regarding readiness to perform.
(1) Agreement to Sell – Suit for Specific Performance – Plaint may be amended at any stage of proceedings to enable plaintiff to seek alternative relief, including that of refund of earnest money and....
Point of Law : Agreement of Sale - On the basis of such admission, though the Court denied the specific performance, has granted relief of recovery of such amount from the defendant.
Where a sum is named in a contract as a liquidated amount payable by way of damages, only reasonable compensation can be awarded not exceeding amount so stated. Similarly, in cases where amount fixed....
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