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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Vijay Mehta (Since Deceased) through LRs. – Appellant
Versus
Bhawani Dass – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
1. These Regular Second Appeals have been filed by the defendants against the judgment of reversal. The suit for specific performance, relating to the property in dispute, instituted by the plaintiff, Bhawani Dass (respondent No. 1 herein in both the appeals), against defendant N: 1 M/s Arlington Spinning & Weaving Mills Limited through its Director Shri Kamal Kishore Mehta (appellant in RSA No. 2177 of 2012), and another director - defendant No. 2 Vijay Mehta (appellant in RSA No. 2320 of 2012) was dismissed by the learned trial Court on 31.03.2011. However, plaintiff’s appeal was allowed by the learned Additional District Judge, Palwal, vide judgment dated 25.02.2012, thereby decreeing the suit for specific performance of the agreement to sell. Aggrieved thereby, the two defendants (Company and one its Director) have approached this Court by filing two separate appeals.
2. The trial Court record has been summoned and examined. For convenience and to avoid confusion, the parties are referred to in the manner they were arrayed before the trial Court.
3. Defendant No.1, M/s Arlington Spinning & Weaving Mills Limited (hereinafter “Arlington”), was admittedly t
The court held that the agreement to sell was enforceable despite time not being the essence due to conditions of pending litigation and tenant eviction, affirming the plaintiff's continuous readines....
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
The Plaintiff must prove continuous readiness and willingness to perform a contract for specific performance, and time can be made of the essence through express terms or circumstances.
In specific performance cases, plaintiffs must prove readiness and willingness to perform the contract, and time is often deemed essential unless explicitly stated otherwise.
The plaintiff was always ready and willing to perform her part of the contract, and the defendants failed to prove that the plaintiff lacked the financial capacity to pay the balance sale considerati....
Time is an essence of the contract in specific performance cases, and plaintiffs must prove continuous readiness and willingness to perform their obligations.
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