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KSHITIJ SHAILENDRA
Mahavir Prasad – Appellant
Versus
Balveer Singh – Respondent
JUDGMENT :
(Kshitij Shailendra, J.)
The Appeal
1. The instant appeal has been filed by the defendant of Original Suit No. 974 of 2014 challenging the concurrent judgments and decrees whereby, respectively, the suit for specific performance of a registered agreement for sale dated 25.04.2014 filed by the plaintiffs-respondents, has been decreed and Civil Appeal filed against the said decision has been dismissed.
Plaint case
2. The plaintiffs-respondents filed the aforesaid suit on the basis of registered agreement for sale dated 25.04.2014 said to have been executed by the defendant-appellant agreeing to sell 500 Sq. yards of his Bhumidhari land bearing Arazi No. 129-A covered by Khata No. 179. It was stated that despite the agreement, sale deed was not executed by the defendant-appellant and when the plaintiff-respondents issued notice dated 29.09.2014 asking him to execute sale deed and, thereafter, presented themselves on 22.10.2014 before the Sub Registrar’s office with remaining sum and miscellaneous expenses, the defendant-appellant did not appear for executing the sale deed and, hence, the suit was filed.
Defence
3. The defendant-appellant filed written statement stating that execut
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 grant of specific performance is discretionary, considering undue hardship to subsequent bona fide purchasers, outweighing the plaintiff's claim based on a disputed agreement.
Readiness and willingness for specific performance inferred from substantial earnest payment, possession handover, pleadings and conduct; concurrent findings immune from interference in second appeal....
The court upheld that a partition among co-owners allows individual members to execute sale agreements for their shares without needing consent from others, reinforcing the enforceability of prior co....
The court upheld the agreement to sell's execution and the plaintiff's readiness to perform the contract. Specific performance granted with enhanced consideration due to market changes reflecting the....
A second appeal under Section 100 of the Code of Civil Procedure requires the establishment of a substantial question of law, which was not present in this case.
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
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