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RAJESH SEKHRI, RAJESH SEKHRI
Parshotam Singh – Appellant
Versus
Amarjeet Singh – Respondent
JUDGMENT
This Civil 1st Miscellaneous Appeal in terms of Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (CPC, for short) has been preferred, by virtue of which, challenge has been thrown to order dated 31.05.2022 passed by learned Additional District Judge, Jammu (hereinafter to be referred as trial court) in file No. 13/Civil Suit/2021 titled Sh. Parshotam Singh v. Amarjeet Singh and another, vide which application filed by the appellant for interim relief has been dismissed.
2. Before a closer look at the grounds urged in the memo of appeal, it shall be apt to give an overview of the facts giving rise to the present case.
3. The appellant laid a Suit for Specific Performance of Agreement to Sell dated 23.12.2020 in the trial Court stating inter alia that agreement to sell was executed and duly notarized between him and the respondents whereby respondents agreed to sell the suit land measuring 08 kanals and 12 marlas comprising Khasra No. 329 situate at Village Phinder, Tehsil R. S. Pura in his favour for a sale consideration of Rs.16,50,000/- (rupees sixteen lacs and fifty thousand) per kanal. The appellant, at the time of execution of agreement to sell, paid an earnest
Agreement to Sell – Acceptance of earnest money amounts to admission on behalf of vendor of part performance of contract on part of vendee.
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.
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
A plaintiff must demonstrate continuous readiness and willingness to perform a contract to obtain specific performance, as required by law.
The main legal point established in the judgment is the requirement for the plaintiff to prove financial capacity and willingness to perform the contract, as mandated by Section 16(c) of the Specific....
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 order to obtain specific performance of a contract, the plaintiff must prove their readiness and willingness to perform their part of the contract, as mandated by Section 16 of the Specific Relief....
(1) Amendment brought to Specific Relief Act by Act 18 of 2018 is prospective in nature and cannot be applied to those transactions which took place prior to amendment.(2) There is distinction betwee....
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