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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Pardeep Yadav – Appellant
Versus
Surender Singh – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
The instant appeal has been instituted by the appellant/defendant No.3 (Pardeep Yadav) against the judgment and decree dated 25.02.2025, passed by the Court of District Judge, Jind, dismissing the appeal filed against the judgment and decree dated 28.02.2018, passed by the Court of Civil Judge (Jr. Divn.), Safidon, vide which the suit filed by the respondents/plaintiffs for specific performance was decreed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. The plaintiffs (Surender Singh and Krishan) instituted a suit for specific performance of registered agreement to sell dated 19.05.2014, with respect to land measuring 5 kanals (fully described in the plaint), situated in the revenue estate of Village Mallar, Tehsil Safidon, District Jind (hereinafter referred to as ‘the suit property’). It was also prayed that sale deed No.1039 dated 23.06.2014 and the subsequent sale deed No.1436 dated 04.08.2014, with regard to the suit property, executed by defendant No.1 in favour of defendant No.2 and thereafter by defendant No.2 in favour of defendant No.3, and the consequential mutation, were null and void
The validity of an agreement to sell is determined by credible testimonies supporting its execution; familial relationships do not alone discredit evidence in property transactions.
A party seeking specific performance must continuously prove readiness and willingness to perform the contract; failure results in dismissal of the claim.
Agreements lacking specific property details are unenforceable; specific performance is not guaranteed and must meet requirements of certainty and equity.
For specific performance, a claimant must prove their readiness and willingness to execute the agreement; failure to appear on the scheduled date undermines the claim.
A registered sale deed executed after full consideration cannot be challenged by a suit for specific performance without first seeking its cancellation.
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