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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Kamal Kumar – Appellant
Versus
Bhupinder Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
Defendants of the case are before this Court in the present Regular Second Appeal against the concurrent findings of the Courts below, inasmuch as suit for possession by way of specific performance regarding the property in dispute filed by plaintiffs (respondents herein) was decreed by the trial Court on 01.03.2011 and the First Appellate Court upheld the said findings vide judgment dated 07.09.2013, dismissing the appeal of the defendants (appellants herein).
2. Trial Court record was called. Same has been perused. In order to avoid confusion, the parties shall be referred as per their status before the trial Court.
3. As per the case pleaded by the plaintiffs, Surinder Kumar (defendant No.1) and his brother Mohinder (predecessor-in-interest of defendants No.2 to 4) agreed to sell 24 kanal of their land detailed in the plaint @ Rs. 4,65,000/- per acre vide an agreement dated 31.05.2005 Ex.P1. They received an amount of Rs. 2 lakhs as earnest money. Sale deed was agreed to be executed and got registered on or before 26.12.2005 on payment of the balance sale consideration. It was claimed by plaintiffs that they have always been ready and willing to perform t
Specific performance of an agreement to sell is a non-discretionary relief and can be enforced if the plaintiff has always been ready and willing to perform their part of the contract.
Relief in civil suits must be strictly based on pleadings, and a plaintiff cannot obtain a decree for a different parcel of land than that specified in the suit.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
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.
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