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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Partap Singh (deceased) through LRs – Appellant
Versus
Suresh Kumar (deceased) through LRs – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
This is defendants’ appeal against judgment and decree dated 16.07.2021 passed by the Court of Additional District Judge, Charkhi Dadri, dismissing the appeal filed against judgment and decree dated 26.02.2018 passed by the Court of Additional Civil Judge (Sr. Divn.), Charkhi Dadri, vide which the suit filed by the respondent/plaintiff (Suresh Kumar) for possession by way of specific performance and consequential relief of permanent injunction was decreed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. Plaintiff (Suresh Kumar) instituted a suit for possession by way of specific performance of agreement to sell dated 30.07.2009, executed by defendant No.1 (Partap Singh) in favour of the plaintiff in respect of shop bearing No.181, situated at New Grain Market, Charkhi Dadri, District Bhiwani (hereinafter referred to as, ‘the disputed shop’), directing to execute the sale deed in his favour. Consequential relief of permanent injunction restraining the defendants from alienating the disputed shop by way of sale/mortgage/gift/lease was also sought.
3.1 It was averred that defendant No.1 (Partap Singh)
The subsequent suit for specific performance was not barred under Order II Rule 2 CPC, and the plaintiff was ready and willing to perform the contract.
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
Court emphasized that once agreements are executed and earnest money paid, specific performance can be enforced unless clear evidence of coercion or duress is presented.
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
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