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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Pritam Lal – Appellant
Versus
Mohinder Singh – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
This is a Regular Second Appeal by the Plaintiff challenging the concurrent findings of the Courts below. The plaintiff's suit for specific performance was partly decreed, as the trial Court awarded recovery of Rs.62,500 with interest but declined specific performance. The plaintiff's first appeal was dismissed.
2. Trial Court record was called. Same has been perused. To avoid confusion, parties shall be referred as per their status before the trial Court.
3. Defendant No.1 Smt. Gurnam Kaur, was allotted Plot No.1 in Scheme No.7 by the Kaithal Improvement Trust/Municipal Committee through allotment letter dated 19.06.1982 (Ex.D15) for a total price of Rs.17,375/-, out of which she deposited one-fourth ( Rs.4,375). The plot measured about 250 sq. yards approximately, subject to adjustment on actual measurement at the time of possession, with additional charges for access area, if applicable. The allot-ment letter also required execution of an agreement with the Improvement Trust within one month.
4. Defendant No.1 appointed defendant No.2 Kashmiri Lal as her general power of attorney holder vide registered GPA dated 24.09.1982 (Ex.P1). Based upon this GPA, def
Specific performance can be denied due to inordinate delay and significant increase in property value, even if the plaintiff proves a valid contract.
Bona fide purchasers must prove lack of notice for protection under prior agreements.
The main legal point established in the judgment is that the plaintiff must prove the execution of the agreement for specific performance, and the validity of a sale-deed executed by a power of attor....
A sale agreement executed by only one co-owner is defective and cannot support a claim for specific performance, which necessitates establishing readiness and willingness separately.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform their contractual obligations, and the agreement must be validly executed by all necessary pa....
The court's decision was influenced by the lack of good faith, absence of notice, and delay in filing the suit, which disentitled the plaintiff to specific performance.
The plaintiff's failure to prove readiness and willingness, and the delay and laches in filing the suit for specific performance led to the substitution of the decree for possession with the decree t....
Specific performance of a contract for the sale of immovable property can be granted even if the final layout has not been sanctioned, provided the plaintiff has proven the existence of the agreement....
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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