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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Raj Rani (Since Deceased) Through His Lrs – Appellant
Versus
Hari Singh (Since Deceased) Through His Lrs – Respondent
| Table of Content |
|---|
| 1. procedural history and factual matrix of the specific performance suit. (Para 1 , 2 , 4 , 5) |
| 2. parties' contentions on sham transaction, readiness, willingness, and inequity. (Para 3 , 8 , 9) |
| 3. evaluation of agreement execution and inconsistency between pleadings and evidence. (Para 10) |
| 4. proving readiness and willingness through financial capacity and conduct. (Para 11 , 12 , 13) |
| 5. hardship in specific performance requires foundational pleadings and unforeseeable consequences. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. final adjudication, dismissal of appeal, and order for specific performance. (Para 20 , 21 , 22) |
JUDGMENT :
VIRINDER AGGARWAL , J .
1. The present Regular Second Appeal (“RSA” for short) has been preferred assailing the judgment and decree dated 14.03.1995 passed by the learned District Judge, Karnal, whereby the civil appeal instituted by the respondents–plaintiffs was allowed, while the appeal preferred by the appellant–defendant was dismissed. Consequently, the suit filed by the respondents–plaintiffs for specific performance of the agreement to sell came to be decreed, albeit by modifying the judgment and decree dated 21.09.1990 passed by the learned t
Specific performance is a discretionary remedy; a plea of hardship requires foundational pleadings and evidence demonstrating that the hardship was unforeseeable at the time of contract execution. Re....
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
Specific performance can be granted despite a clause for penalty if the contract execution and readiness to perform are established.
Continuous readiness and willingness to perform a contract is essential for obtaining specific performance; mere execution of an agreement and issuance of notices do not suffice.
In discretionary specific performance cases, courts must balance hardship and enforceability; mere proof of agreement does not guarantee relief when it risks severe hardship for the defendant.
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