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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S.AHLUWALIA
Sher Singh – Appellant
Versus
Ramkishan Rathore – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3) |
| 2. co-sharers impleaded in the suit (Para 4 , 7) |
| 3. arguments challenging contract enforceability. (Para 5 , 6) |
| 4. court's analysis on co-sharers' rights. (Para 8 , 9 , 10) |
| 5. court discusses enforceability of agreement (Para 11 , 20) |
| 6. agreement enforceability principles established. (Para 12 , 13) |
| 7. interpretation of readiness and willingness. (Para 14 , 15 , 16 , 18) |
| 8. final ruling and affirmation of previous judgment. (Para 17 , 19 , 21) |
| 9. no substantial question of law arises (Para 22) |
JUDGEMENT :
G.S. AHLUWALIA, J.
This second appeal, under section 100, CPC , has been filed against the judgment and decree dated 15/5/2024 passed by Principal District Judge, Shivpuri in RCA No. 71/2023 thereby reversing the judgment and decree dated 18/7/2023 passed by I Civil Judge, Senior Division, Shivpuri in RCSA No. 1/2021.
2. Present appeal has been filed by defendant no.1. Facts necessary for disposal of present appeal, in short, are that respondent no.1/plaintiff filed a suit for specific performance of contract pleading inter alia that appellant/defendant no.1 was co-owner and in possession of Survey No. 1253 area 1.47 hectares si
A co-sharer can alienate his share in unpartitioned land, and failure to partition does not negate the enforceability of a sale agreement if the purchaser is willing to accept the share.
The continuous readiness and willingness of the plaintiff to perform her part of the contract is a condition precedent to grant the relief of specific performance.
Mere escalation of price does not constitute hardship to the vendor, and the conduct of the parties and the terms of the agreement are crucial in determining entitlement to specific performance.
Agreement to sell joint leasehold share, contingent on non-party co-lessee's renewal involvement and discretionary transfer permission, is void for uncertainty; plaintiff must prove continuous readin....
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....
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