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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
AMARINDER SINGH GREWAL
Mohinder Singh (Since Deceased) Through Lrs – Appellant
Versus
Sadhu Singh (Since Deceased) Through Lrs – Respondent
JUDGMENT :
Amarinder Singh Grewal, J. (Oral)
The defendant is the appellant before this Court challenging the judgment and decree dated 28.03.1989 passed by the 1st Appellate Court vide which the appeal preferred by respondent-plaintiff against the judgment and decree dated 19.02.1987 passed by the learned trial Court, whereby the suit for possession filed by the respondent-plaintiff was dismissed, has been allowed and the decree for possession of the land in dispute by specific performance of the agreement to sell dated 28.07.1981 was granted in favour of the respondent-plaintiff.
2. For the sake of convenience, the parties shall be referred to in terms of their status before the trial Court.
3. Succinctly, the facts of the case are that the land in dispute measuring 7 Kanals 9 Marlas, was admittedly owned and possessed by the defendant. On 28.07.1981, the defendant entered into an agreement to sell the said land to the plaintiff at the rate of Rs.37,500/- per killa, out of which Rs.6,000/- was paid as earnest money, and it was agreed that the balance consideration would be paid before the Sub-Registrar on 15.09.1981 at the time of execution and registration of the sale deed. Possessi
A party seeking specific performance must continuously prove readiness and willingness to perform the contract; failure results in dismissal of the claim.
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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