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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Sunder Lal – Appellant
Versus
Cholar Ram – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
This Regular Second Appeal is directed against the concurrent findings recorded by both the Courts below, whereby the suit for possession by way of specific performance filed by the plaintiff–respondent Cholar Ram was decreed by the learned trial Court vide judgment dated 30.11.1995, and the appeal preferred by the defendant–appellant Kuda Ram was dismissed by the learned First Appellate Court on 08.10.1996.
2. To avoid any confusion, the parties are being referred to as per their status before the trial Court. The record of the Courts below (available on DMS) has been perused with the able assistance of learned counsel for both sides.
3.1 Plaintiff’s Case :The case of the plaintiff is that defendant No.1 – Kuda Ram, by virtue of an agreement to sell dated 28.05.1990 (Ex.P1), agreed to sell his ½ share out of agricultural land measuring 48 Kanal 8 Marla situated in village Koer, Tehsil and District Karnal, as described in para 2 of the plaint, for a total sale consideration of Rs.1,92,540/-. An amount of Rs.25,000/- was paid as earnest money vide receipt (Ex.P2) at the time of execution. It was stipulated that the sale deed would be executed and registered o
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....
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.
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
Discretion in granting specific performance under Section 20 of the Specific Relief Act requires sound judicial reasoning, considering hardship and fairness to both parties, especially in the presenc....
The plaintiff must prove readiness and willingness to perform contractual obligations for specific performance; failure to do so results in dismissal of the suit.
(1) Specific Performance is no longer a discretionary relief – Plaintiff cannot be punished by refusing relief of specific performance despite fact that execution of agreement to sell in his favour h....
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