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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Jassa Singh – Appellant
Versus
Suhail Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
INDEX
| Paras | Pages | |
| Arguments on behalf of the appellant | 2-5 | 2-5 |
| About the respondents/defendants | 6-10 | 5-8 |
| Analysis and Findings | 11-36 | 8-27 |
1. Plaintiff is in Regular Second Appeal which has been filed under Section 41 of the Punjab Courts Act, 1918. Challenge in the present appeal is to the judgment dated 03.09.1993 vide which the 1st Appellate Court had set aside the judgment and decree dated 02.12.1991 passed by the trial Court and had dismissed the suit filed by the plaintiff for possession by way of specific performance of the agreement to sell dated 24.12.1987 with respect to the suit land.
ARGUMENTS ON BEHALF OF THE APPELLANT
2. Learned counsel for the appellant has submitted that in the present case the trial Court, after taking into consideration all the aspects, had rightly decreed the suit of the plaintiff for specific performance. It is further submitted that the plaintiff had duly proved the agreement to sell dated 24.12.1987 by examining both the attesting witnesses of the said agreement to sell i.e. Santokh Singh as PW2 and Dalbir Singh as PW3 and also the scribe of the said agreement to sell, Achhar Singh PW1. It is argued that even the aspect of readiness a
The court upheld the discretion to deny specific performance when serious doubts exist regarding the execution or genuineness of an agreement and recognized the rights of bona fide purchasers.
The court emphasized the importance of matching signatures, entitlement to raise the plea of readiness and willingness despite denying the execution of documents, the effect of material interpolation....
The court upheld that corroborated expert evidence can establish the authenticity of a contested agreement, supporting the plaintiff's claim for specific performance.
The requirement to prove the execution of an agreement to sell is essential for specific performance.
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