Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA KUMAR RAI
Shamsher Singh Died – Appellant
Versus
Sukhbeer Singh – Respondent
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 issued notice dated 2.6.1995 and 25.6.1995 to defendants fixing date for execution of sale deed but defendants failed to appear before the Sub-Registrar. Defendant No.1 executed sale deed on 24.6.1995 in favour of defendant Nos. 2 to 4 in respect to khasra No. 192. Hence an original suit No. 408 of 1995 was filed by plaintiff/ Sukhbeer Singh impleading defendant nos. 1 to 6 for decree of specific performance and permanent injunction. The Trial
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.
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
