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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Saroj Rani – Appellant
Versus
Lakhwinder Singh – Respondent
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| 1. court discusses the maintainability of the appeal and general observations on the facts presented. (Para 1) |
JUDGMENT :
NIDHI GUPTA, J.
Present second appeal has been filed by the defendants against the concurrent judgments and decrees of the learned Courts below; whereby the suit for recovery of Rs.18 lacs alongwith interest @ 12% p.a. has been decreed by both the Courts below holding the plaintiff entitled to recover amount of Rs. 18 lacs from defendants alongwith interest @ 6% p.a.
2. It is inter alia submitted by learned counsel for the appellants that the respondent had failed to deposit the Court fee as required to be paid on the total sale consideration value of the Agreement to Sell. As such, suit of the plaintiff could not have been agreed. Moreover, plaintiff had never gone to the office of Registrar on the target date; whereas defendants were always ready and willing to get the Sale Deed registered and even had gone to the Registrar to get the Sale Deed executed. Respondent has also failed to prove any fraud as alleged. It is accordingly prayed that the suit of the respondent could not have been decreed.
3. Per contra, learned counsel for the respondent appe
A party cannot benefit from their own wrongdoing in an unenforceable contract, allowing for recovery of earnest money.
The burden of proof in specific performance cases lies with the parties, and the plaintiff's readiness and willingness to perform the contract are crucial.
The seller is bound to disclose any material defect in the property or title, and the prospective buyer is entitled to claim a refund of earnest money if the agreement cannot be enforced.
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