IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Harjinder Singh – Appellant
Versus
Bikramjit Singh – Respondent
JUDGMENT :
NIDHI GUPTA, J.
CM-11678-C-2023
1. Prayer in this application filed under Section 151 CPC is for condonation of delay of 65 days in refiling the accompanying appeal.
2. Heard.
3. For the reasons mentioned in the application which is duly supported by an affidavit of the applicant/appellant No.2, the same is allowed and delay of 65 days in refiling the appeal is condoned.
RSA-3265-2023 (O&M)
1. Defendants are in Second Appeal against the concurrent judgments and decrees of the ld. District Courts; whereby suit filed by the plaintiffs/respondents herein, seeking specific performance of Agreement to Sell dated 16.11.2011, has been decreed for specific performance of Agreement to Sell, by both the District Courts.
2. Brief facts of the case as pleaded in the plaint are that, that as per the Jamabandi for the year 2008-2009, defendants are owners of the suit property measuring 2K as described in the plaint. It was stated that defendants entered into Agreement to Sell dated 16.11.2011 for the land measuring 2K in favour of the plaintiff for a total sale consideration of Rs.10 lacs. Defendants had received Rs.7 lacs by way of earnest money. Date of execution of Sale Deed was decided on
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
The credibility of attesting witnesses is crucial in determining the validity of an agreement to sell, especially when mutual interests among them are evident.
The court emphasized the importance of providing convincing evidence and demonstrating genuine interest in seeking specific performance of a contract.
The court confirmed the agreement for sale was valid, limiting the ability to challenge the decree based on delay and highlighting insufficient grounds for procedural impropriety.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.