Sheetal Ghosh v. Ganesh Chand Jain - 2019 Supreme(Online)(Chh) 510

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Online)(Chh) 510

CHHATTISGARH HIGH COURT
*Prashant Kumar Mishra, Ag. C. J., Vimla Singh Kapoor, J.
Sheetal Ghosh v. Ganesh Chand Jain

Table of Content
1. court assesses legality and facts of the specific performance suit. (Para 1 , 2 , 3)
2. arguments presented regarding readiness, willingness, and the contract's validity. (Para 4 , 5 , 6)
3. pleading standards for readiness and willingness must be strictly adhered to. (Para 7 , 8 , 9 , 10)
4. evidence of availability of funds is essential to support claims for performance. (Para 11 , 12 , 13)
5. judgment set aside due to lack of compliance with legal standards. (Para 14 , 15 , 16 , 17)

1. This is the defendant's First Appeal under S.96 of the CPC assailing the legality, validity and correctness of the judgment and decree dated 30.3.2013 passed by the 5th ADJ, Durg in Civil Suit No.18 - A / 2011 decreeing the plaintiff's suit for specific performance.

2. The suit property consists of land ad measuring 2400 square feet and the house constructed thereupon bearing Khasra No.267/325 at Shikshak Nagar, Charoda, Tehsil Patan, District Durg. As per the plaint allegations, the defendant executed an agreement on 15.11.2007 for sale of the suit property to the plaintiff for Rs.9 lakhs and received advance amount of Rs.1 lakh on 17.11.2007 and executed agreement (Ex. - P / 1) on