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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Nisar Khan (since deceased) through his LRs – Appellant
Versus
Harbhajan Singh – Respondent
| Table of Content |
|---|
| 1. details of the contract and agreement to sell. (Para 1 , 2 , 3 , 4) |
| 2. court analysis on legal necessity and evidence. (Para 5 , 10 , 11 , 12) |
| 3. arguments regarding legal necessity and evidence. (Para 6 , 7 , 8) |
| 4. judicial perspective on legal arguments. (Para 9) |
| 5. conclusion and dismissal of the appeal. (Para 13 , 14) |
JUDGMENT :
PANKAJ JAIN, J.
1. Defendants are in appeal aggrieved of the judgment and decree dated 12.12.2023 passed by Additional District Judge, Yamuna Nagar, affirming the judgment and decree dated 17.02.2017 passed by Civil Judge (Sr. Div.), Yamuna Nagar, whereby the suit filed by the plaintiff seeking decree of possession by way of specific performance has been decreed.
2. Plaintiff filed suit for possession by way of specific performance of an agreement to sell dated 07.05.2010 regarding land measuring 23 kanal 3 marlas comprised in khewat/khatauni No.153 min/212, khasra No.25//13, 14 and 18 as per jamabandi for the year 2006-07. As per the plaintiff, defendant agreed to sell the aforesaid land in his favour for total a sale consideration of Rs.18,62,750/-. On the date the agreement to sell was executed, an amount of Rs.10,31,000/- was paid by the
Lack of legal necessity to sell land does not invalidate a specific performance agreement; enforceability is affirmed regardless of personal law principles related to the parties involved.
The plaintiff must independently prove both 'readiness' and 'willingness' to perform under Section 16(c) of the Specific Relief Act to succeed in a suit for specific performance.
The court affirmed that a plaintiff seeking specific performance must prove valid execution of the agreement and continuous readiness to perform contractual duties, which the plaintiff successfully d....
Specific performance of a contract is the rule, while refusal is an exception requiring substantial proof of grounds for denial.
A plaintiff seeking specific performance must prove the existence of a valid contract and readiness to perform, failing which the claim will be dismissed.
The burden of proof in specific performance cases lies with the parties, and the plaintiff's readiness and willingness to perform the contract are crucial.
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