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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Mahabir Singh (Deceased) through LRs. – Appellant
Versus
Dharambir Singh (Deceased) through LRs. – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's specific performance decree (Para 1) |
JUDGMENT :
DEEPAK GUPTA, J.
1. The plaintiff, Mahabir Singh, has approached this Court in the present second appeal, challenging the reversal of the decree passed in his favour by the trial court. His suit for specific performance had been decreed on 09.02.1995 by the Trial Court. However, the first appellate court, by judgment dated 26.10.1995, allowed the appeal filed by defendant Nos.2 to 4 and dismissed the suit in its entirety.
2. To avoid any ambiguity, the parties are referred to by their original description before the trial court. The entire record, as available on DMS, has been duly perused.
3.1. Plaintiff’s Case: Mahabir Singh (plaintiff) and Dharambir Singh (defendant No.1) are real brothers. The plaintiff alleged that defendant No.1, being the owner of the suit property situated in Village Gochhi, Tehsil Jhajjar, District Rohtak, comprising 59 Kanals 3 Marlas of agricultural land, a residential house (marked ABCD in site plan Ex.P2), and a Gher (marked ABCD in site plan Ex.P3), had agreed to sell the same to him. This agreement to sell, dated 21.10.1989 (Ex.P1), was allegedly executed for tot
Agreements lacking specific property details are unenforceable; specific performance is not guaranteed and must meet requirements of certainty and equity.
Bona fide purchasers must prove lack of notice for protection under prior agreements.
A party seeking specific performance must continuously prove readiness and willingness to perform the contract; failure results in dismissal of the claim.
The burden of proving the execution of an agreement to sell rests solely on the plaintiff. Failure to examine the scribe or marginal witnesses, combined with reliance on uncorroborated expert opinion....
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