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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Radha Devi – Appellant
Versus
Kharati Lal – Respondent
JUDGMENT :
Nidhi Gupta, J.
RSA-2269-2022 (O&M)
1. The plaintiff is in second appeal against the judgments and decrees of the learned Courts below; whereby suit filed by the appellant for specific performance was only partly decreed by the Trial Court for refund of earnest money; and the appeal filed by the plaintiff/appellant against the said decree has been dismissed by the First Appellate Court.
2. The case, as pleaded by the plaintiff is that the defendant/respondent is owner of 99/1970 share of total land measuring 98K 10M. The defendant had entered into an Agreement dated 03.01.2006 with the plaintiff to sell his share of the land to the plaintiff @Rs.4,50,000/- per acre after receiving Rs.50,000/- as earnest money. The target date for execution of Sale Deed was set for 15.05.2006.
3. Upon appraisal of the pleadings and the evidence led by the parties, the ld. Civil Judge (Junior Division), Abohar vide judgment and decree dated 02.06.2012 had partly decreed the suit of the plaintiff with costs for "alternative relief of recovery of principal sum of Rs. 50,000/-(Rs. Fifty Thousand Only) with interest @ 9% per annum from 03.01.2006 i.e. the date of agreement to sell and receipt of ea
Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
A plaintiff seeking specific performance must prove continuous readiness and willingness to perform their contractual obligations; failure to do so bars relief.
The appellate court emphasized that specific performance requires proof of the plaintiff's readiness and willingness to perform the contract, which was not adequately addressed by the trial Court.
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
The obligation to clear a mortgage lies with the seller, and the buyer's readiness to perform arises only after the seller fulfills this condition.
Continuous readiness and willingness on the part of the plaintiff is a condition precedent for obtaining relief of grant of specific performance, as mandated by Section 16(c) of the Specific Relief A....
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.
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