Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Sharma – Appellant
Versus
Satish Nagar – Respondent
JUDGMENT :
PANKAJ JAIN, J.
1. Plaintiff is in second appeal aggrieved of concurrent judgment and decree passed by both the Courts below.
2. Plaintiff filed suit seeking decree of specific performance of agreement to sell dated 16.10.2008. As per plaintiff, defendant No.1 agreed to sell land measuring 06 kanal 12 marlas as detailed out in the headnote of the plaint (hereinafter referred to as the suit land) for a total sale consideration of Rs.1,01,70,000/- by way of written agreement to sell dated 16.10.2008. A sum of Rs.45,70,000/- was paid to defendant No.1 at the time of execution of agreement to sell. Parties agreed to get the sale deed executed on or before 15.12.2008. As per the averments made in the plaint, defendant No.1 approached the plaintiff on 20.11.2008 and raised demand of Rs.5 lakhs. Plaintiff paid the same. Writing to the said effect was made on the original receipt dated 16.10.2008. Accordingly, the plaintiff by 20.11.2008 paid an amount of Rs.50,70,000/- to defendant No.1 towards sale consideration.
3. Plaintiff claims to have remained present before the Office of Sub Registrar, Sohna on 15.12.2008 for execution of sale deed along with the stamp papers and a demand d
Delay in filing a suit for specific performance is insufficient to deny relief if the contract is within the statutory limitation period and the plaintiff demonstrates readiness and willingness to pe....
A plaintiff seeking specific performance must prove continuous readiness and willingness to fulfill the contract's terms, especially when time is considered essential, otherwise relief can be denied.
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
Agreement to Sell – Suit for Specific Performance – There is distinction between limitation and delay and laches.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
The court held that time is of the essence in contracts for the sale of land, and undue delay in filing for specific performance can negate entitlement to relief.
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
