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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Harjinder Singh (Now Deceased) Through His Legal Heir – Appellant
Versus
Kulwant Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
Present Second Appeal has been filed by defendant No.1 against the concurrent judgments and decrees of the learned Courts below, whereby suit filed by the plaintiff/respondent No.1 herein seeking possession by way of specific performance of Sale Agreement dated 02.03.2006 and subsequent Sale Agreement dated 02.03.2009 regarding the suit land, or in the alternative, for recovery of Rs.10 lacs being Rs.5 lacs as earnest money and Rs.5 lacs as stipulated damages with 12 1/2% interest; has been partly decreed with costs by both the Courts below for specific performance of Agreement directing the appellant/defendant No.1 to execute the Sale Deed of land measuring 11K 15M after receiving balance sale consideration amount.
2. Brief facts of the case are that the plaintiff had filed instant suit pleading that the suit land measuring 51K 6M situated at village Dargah Heri is recorded in the joint ownership of the defendants. The land measuring 41K 12M situated at village Kurala Kalan,Tehsil Dasuya is also recorded in the joint ownership of the defendants. It was pleaded that it was conveyed by the appellant to the plaintiff that as per the oral family settlement, lan
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.
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.
Readiness and willingness for specific performance inferred from substantial earnest payment, possession handover, pleadings and conduct; concurrent findings immune from interference in second appeal....
The court upheld the agreement to sell's execution and the plaintiff's readiness to perform the contract. Specific performance granted with enhanced consideration due to market changes reflecting the....
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