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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
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 total sale consideration of ¹ 1,00,000/-, out of which ¹ 20,000/- was paid as earnest
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.
Point of law: When cancellation may be ordered - (1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding ma....
The presumption of validity of a registered agreement for sale cannot be rebutted without substantial evidence, and the burden of proof lies on the party challenging it.
The execution of an agreement must be proven with clear evidence, including signatures and witness credibility, to enforce specific performance.
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
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