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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Prakash – Appellant
Versus
Rajbir (since deceased) through his LRs – Respondent
JUDGMENT :
Yashvir Singh Rathor, J.
1. The present appeal has been directed against the concurrent judgments and decrees of the learned trial Court and learned Appellate Court dated 21.01.2023 and 03.10.2025 respectively, whereby suit preferred by defendant for specific performance of the agreement has been decreed and a decree for specific performance of the agreement dated 05.03.2014 has been passed in favour of plaintiff and defendant has been directed to execute the sale deed in favour of plaintiff within a period of three months on receipt of balance sale consideration.
2. Case of plaintiff is that defendant being owner in possession of agricultural land measuring 1 Kanal 08 Marlas detailed in the plaint, agreed to sell the same in favour of plaintiff vide agreement dated 05.03.2014 for a total sale consideration of Rs.5 lakhs out of which a sum of Rs.4,06,000/- was paid as earnest money at the time of execution of the agreement. The sale deed was to be executed upto 04.09.2014, on payment of balance sale consideration and on the said date, plaintiff remained present in the Office of Sub Registrar, Jhajjar with the balance sale consideration and other incidental charges for exec
The burden of proof for fraud allegations lies with the defendants, and mere allegations without evidence do not invalidate an agreement for specific performance.
It is beyond comprehension that having received notice Ext.P-1, defendant had not made any effort to reply or rebut its contents.
The presumption of validity of a registered agreement for sale cannot be rebutted without substantial evidence, and the burden of proof lies on the party challenging it.
The court emphasized that mere allegations of fraud require substantial proof, and readiness to perform in a contract is crucial in specific performance cases.
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