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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
SSHL Developers LLP – Appellant
Versus
RSHL Residency LLP – Respondent
JUDGMENT :
VIRINDER AGGARWAL , J .
1. The present common order shall govern the disposal of the captioned revision petitions, which pertain to the same legal and factual controversy. As the parties are identical in both matters and their respective counsel have expressed agreement, the petitions are being decided together for the sake of judicial economy.
2. At the request of the learned Senior counsel for the petitioners, the factual background, for the purposes of this common order, is being drawn from CR-3356-2025, as it comprehensively sets out the relevant facts. The issues involved in the connected matters being similar in nature, the facts in CR-3356-2025 shall be treated as representative for the adjudication of all the captioned revision petitions.
3. The petitioners/defendants have filed two revision petitions challenging the order dated 15.05.2025 (Annexure P-18) passed by the learned District Judge, Jhajjar, whereby the applications filed by the respondents/plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure were allowed, setting aside the earlier order passed by the learned Civil Judge (Senior Division), Bahadurgarh.
4. The respondents/plaintiffs filed a s
Appellate courts must respect trial court findings unless proven perverse; the authenticity of contractual obligations must be substantiated with credible evidence.
The court emphasized the importance of matching signatures, entitlement to raise the plea of readiness and willingness despite denying the execution of documents, the effect of material interpolation....
The appellate court cannot reverse a trial court's decision without credible evidence proving an alternate claim, which was not presented by the defendants.
Specific performance requires plaintiffs to prove the agreement and readiness to fulfill the contract, assessed through both documentary and oral evidence.
The court ruled that valid sales transactions were established over mere loan claims, emphasizing that contracts concerning property require mutual agreement to rescind and are enforceable as agreed.
A party can enforce assigned rights in a contract even if the contract is void for public policy, as long as the payments made are not unlawfully derived.
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