Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Raghbir Singh – Appellant
Versus
Lalit – Respondent
JUDGMENT :
MANDEEP PANNU, J.
1. The present Regular Second Appeal has been filed by the appellants Raghbir Singh and others, assailing the judgment and decree dated 30.04.2025 passed by the learned Additional District Judge, Faridkot in Civil Appeal No. CA- 226/2019, whereby the lower appellate Court partly allowed the appeal preferred by the plaintiffs and directed the appellant-defendants to refund the amount received as advance, thereby modifying the findings of the trial Court.
2. The cross-objections have been filed by Lalit and others, who are the plaintiffs in the original suit and respondents in the present RSA, challenging the same judgment and decree dated 30.04.2025 to the extent it declines relief of declaration, permanent injunction, and seeking enhancement of relief granted by the lower appellate Court.
3. By this common judgment, this Court proposes to decide the RSA as well as the cross-objections.
Brief Facts
4. The plaintiffs filed the present suit for declaration, recovery of money and permanent injunction, seeking a declaration that the agreement to sell dated 29.09.2012 executed by defendants Rajpreet Singh and Raghbir Singh in relation to land measuring 165 kanals 3
(1) Agreement to Sell – Suit for Specific Performance – Plaint may be amended at any stage of proceedings to enable plaintiff to seek alternative relief, including that of refund of earnest money and....
(1) Agreement to Sell – Unless plaintiff specifically seeks refund of earnest money at the time of filing of suit or by way of amendment, no such relief can be granted to him – Prayer clause is a sin....
The court established that a forfeiture clause in a contract can be deemed penal and unenforceable if it lacks a basis in actual damages, emphasizing the need for reasonable compensation under the In....
The main legal point established in the judgment is that the failure of one party to perform its obligations under a reciprocal contract precludes that party from claiming performance of the reciproc....
Point of Law : Agreement of Sale - On the basis of such admission, though the Court denied the specific performance, has granted relief of recovery of such amount from the defendant.
Forfeiture of earnest money requires proof of loss under Section 74; clear and unequivocal admissions compel courts to grant judgment under Order XII Rule 6 CPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
