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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Major Singh – Appellant
Versus
Dalip Kaur – Respondent
JUDGMENT :
NIDHI GUPTA, J.
Plaintiffs are in Second Appeal against the judgment and decree passed by the learned first Appellate Court, whereby suit filed by the appellants for specific performance has been decreed for alternative relief of refund of earnest money; thereby reversing the judgment of the ld. trial court decreeing the suit of the appellants for specific performance.
2. Brief facts of the case are that the appellants had filed the instant suit, seeking degree of specific performance of agreement to sell dated 16th January 2006 executed by defendant No.1 Dalip Kaur and her brother Jagan Singh alias Jagan Nath alias Jit Singh (Now deceased and inherited by her natural legal heir defendant No.1) in favour of plaintiffs, for sale of land measuring 2/3 share of 126 Kanals 13 Marlas, which comes out to be land measuring 84 Kanals 8 Marlas, comprising in khata No.177/839,840,841,178/842, Khasra Nos.36//19/2(7-11), 23/2(7-11), 45//3(8-0), 36//22(8-0), 45//2(8-0), 9(8-0), 12(8-0), 19/2(6-0), 36//20/1(7- 11), 21(8-0), 45//1(8-0), 10(8-0), 11(8-0), 20/2(6-0), 37//16/2(8-0), 25(8- 0), 44//5/1(4-9), situated at Village Chak Hira Singh Wala, Tehsil Talwandi Sabo as per jamabandi for th
The court upheld that a partition among co-owners allows individual members to execute sale agreements for their shares without needing consent from others, reinforcing the enforceability of prior co....
Contract and Specific Reliefs - Section 20 of Specific Relief Act vests a discretionary power in court to grant a decree of specific performance and court is not bound to grant such a relief merely b....
The main legal point established in the judgment is that a suit for specific performance can be filed only against the persons who have entered into a sale agreement, and the necessity of parties in ....
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
The court upheld the agreement to sell's execution and the plaintiff's readiness to perform the contract. Specific performance granted with enhanced consideration due to market changes reflecting the....
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