Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Shriya @ Sariya – Appellant
Versus
Satbir Singh – Respondent
JUDGMENT :
PANKAJ JAIN, J.
CM-58-C-2026
This is an application seeking condonation of delay of 775 days in filing the present appeal.
For the reasons recorded in the application, this Court is satisfied that the applicants-appellants have shown sufficient cause to condone the delay in filing the appeal.
Application is allowed. Delay of 775 days in filing the appeal is condoned.
Main Case
1. Appellants-defendants are in second appeal. For convenience, parties hereinafter are referred to by their original position in the suit i.e. the appellants as defendants and the respondent as plaintiff.
2. Plaintiff filed suit seeking decree of specific performance of agreement to sell dated 16.09.2004 pertaining to a plot measuring 100 sq. yards as detailed out in the plaint (hereinafter referred to as the ‘suit property’). As per the plaintiff, Kaptan, predecessor-in-interest of the defendants executed agreement to sell dated 16.09.2004 in his favour. Kaptan agreed to sell suit property in his favour for a total sale consideration of Rs.30,000/-. Full and final payment was made by the plaintiff to vendor Kaptan on the same day. Kaptan agreed to execute sale deed in favour of plaintiff on his asking. K
The court emphasized the importance of providing convincing evidence and demonstrating genuine interest in seeking specific performance of a contract.
A suit for specific performance must disclose a cause of action and be filed within the limitation period; failure to do so results in dismissal.
An agreement to sell executed by one heir without proper authority from other heirs, particularly minors, is invalid and unenforceable under law.
Specific performance of a sale agreement executed during a non-alienation clause period is valid if the agreement stipulates fulfillment after the clause's expiration, emphasizing the need for equita....
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
