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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA KUMAR RAI
Shamsher Singh Died – Appellant
Versus
Sukhbeer Singh – Respondent
| Table of Content |
|---|
| 1. details surrounding the existence and implications of a sale agreement. (Para 2 , 4) |
| 2. arguments regarding the legality of the prior handling of the sale agreement. (Para 5 , 6 , 7) |
| 3. clarification on the enforcement of specific performance against subsequent purchasers. (Para 14 , 18) |
| 4. determinations regarding evidentiary requirements under statutory provisions. (Para 17 , 19) |
| 5. final ruling dismissing the appeal. (Para 21) |
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Pramod Kumar Pandey, learned counsel for the defendants/appellants and Mr. Chetan Chatterjee for the plaintiff- respondent no.1.
2. Brief facts of the case are that defendant- Shamsher was recorded tenure holder of khasra No. 192 area 0.749 hectare situated in Village- Tabar Ahatmal, Pargana- Sarsawa, Tehsil- Nakud, District Saharanpur. A registered agreement to sale dated 13.6.1994 was alleged to be executed between defendant- Shamsher Singh and plaintiff- Sukhbeer Singh in respect to khasra No. 192 area 0.749 hectare for execution of sale deed for Rs. 100000/- in which 55000/- was alleged to be paid as earnest money and Rs. 45000/- was to be paid at the time of execution of sale deed. Plaintiff has
The plaintiff must demonstrate consistent readiness and willingness to execute a contract to obtain specific performance, as clarified under Section 16(c) of the Specific Relief Act.
The court ruled that a decree for specific performance should be granted if the plaintiff consistently demonstrates readiness and willingness, irrespective of the phrasing in pleadings, provided that....
(1) Specific Performance is no longer a discretionary relief – Plaintiff cannot be punished by refusing relief of specific performance despite fact that execution of agreement to sell in his favour h....
In a suit for specific performance, the plaintiff must prove continuous readiness and willingness to perform the contract, supported by evidence of ownership and financial capability.
The court emphasized the necessity for continuous proof of a party's readiness and willingness to perform contract obligations and that unregistered agreements impacting possession must be duly stamp....
A plaintiff in a specific performance suit must prove continuous readiness and willingness to perform their contractual obligations throughout, as mandated by Section 16(c) of the Specific Relief Act....
In a suit for specific performance, the plaintiff must prove readiness and willingness to perform the contract, which was not established in this case.
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
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