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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Kulwant Singh – Appellant
Versus
Lakhbir Singh – Respondent
JUDGMENT :
NIDHI GUPTA, J.
Present Second Appeal has been filed by the defendant No.1 against the concurrent judgments and decrees of the ld. District Courts; whereby suit filed by the plaintiffs/respondents No. 1 and 2, for possession by way of specific performance of Agreement to Sell dated 12.10.2012; or in the alternative, suit for recovery of Rs.20 lacs; was decreed by the learned Trial Court for recovery of Rs.20 lacs; and in appeal by the first Appellate Court for amount of Rs.7 lacs alongwith simple interest of 6% per annum from the date of filing of suit upto recovery of the same.
2. It was the pleaded case of the plaintiffs that defendant No.1 is shareholder to the extent of 11K 6 M (suit land) out of total land measuring 98K 9 M. On 12.10.2012, defendant No.1 had agreed to sell suit land to the plaintiffs for total sale consideration of Rs.52 lacs. Plaintiffs had paid Rs.7 lacs in cash to defendant No.1 as an advance sale consideration. Agreement to Sell was signed and thumb marked by defendant No.1 and witnessed by headmen of the village and also signed by Lakhbir Singh, one of the plaintiffs. As per the terms and conditions of the said Agreement to Sell dated 12.10.2012,
The court affirmed that to obtain specific performance, a party must demonstrate readiness and willingness to fulfill contractual obligations, which the plaintiffs failed to do.
The main legal point established in the judgment is that the defendant's execution of the agreement to sell and the plaintiff's readiness and willingness to perform the contract were key factors in t....
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