Oral agreements for the sale of land are legally binding and enforceable. Specific performance may be granted provided there is clear evidence of the agreement, payment of consideration, and continuous readiness and willingness of the purchaser to perform their contractual obligations within the statutory period of limitation.

MAHABIR SINGH SINDHU, J.

Present Regular Second Appeal (R.S.A.) has been preferred by defendant No.1 against impugned judgment & decree dated 22.12.2025, passed by learned Additional District Judge, Jhajjar (hereinafter referred as ‘First Appellate Court’), vide which judgment & decree dated 28.02.2023 of learned Civil Judge (Junior Division), Bahadurgarh (hereinafter referred as ‘trial Court’), granting money decree of ` 15 Lakh along with interest @ 6% per annum from the date of institution of suit till its realization to plaintiff No.2/respondent No.2-Jagbir Singh were modified to the extent that defendant Nos.1 (b) & (c) (LRs of defendant No.1), namely, Hitesh Bhardwaj & Nitesh Bhardwaj, were directed to execute the Sale Deed of land, comprised in Khewat No.314, Khatoni No.337, Rect. & Killa Nos.31/19/1 (2-16) and 22/2 (0-16), total measuring 3 Kanals 12 Marlas vide Jamabandi for the year 2000-2001, situated within revenue estate of Village Sakhol, Tehsil Bahadurgarh, District Jhajjar (hereinafter referred as ‘suit property’) in favour of plaintiff No.2 on payment of balance sale consideration i.e. ` 15 Lakh along with compensation to the tune of ` 50 Lakh. Further defendant Nos.1 (b) & (c) were also directed to hand over the vacant possession of suit property to plaintiff No.2.

BRIEF FACTS

(2.1) Case set up by respondent Nos.1 & 2, namely, M/s J.V.Builders Private Ltd. through its Managing Director (MD)-Jagbir Singh & Jagbir Singh, respectively, (hereinafter referred as ‘plaintiff Nos.1 & 2’) is that plaintiff No.1 is a Private Limited Company. Plaintiff No.2 and respondent No.3-Vinay Chhabra (hereinafter referred as ‘defendant No.2’) were MDs of plaintiff No.1. Appellant-Deepak Bhardwaj (since deceased & now represented through his legal representative-Hitesh Bhardwaj) [hereinafter referred as ‘defendant No.1’] was absolute owner and in possession of suit property.

(2.2) Defendant No.1 entered into an ‘Oral Agreement to Sell’ of suit property with plaintiff No.2 & defendant No.2 in equal shares on 11.03.2007 for a total sale consideration of ` 30 Lakh. It was agreed between them to get Sale Deed executed and registered on or before 31.12.2008.

(2.3) On the same day i.e. 11.03.2007, an amount of ` 10 Lakh was paid to defendant No.1 by plaintiff No.2 vide Cheque bearing No.128033 as earnest money in the presence of witnesses, namely, Pavitar Ruhil (PW-4), Azad Singh (PW-5) & Sukhbir Singh.

(2.4) On asking of defendant No.1, defendant No.2 paid an amount of ` 10 Lakh and ` 5 Lakh vide two different Cheques bearing Nos.353946 & 272226 dated 03.07.2007 & 15.04.2008, respectively. Similarly, another Cheque for an amount of ` 5 Lakh was also paid to defendant No.1 vide cheque bearing No.453452 dated 17.04.2008, issued by plaintiff No.2. In this way, entire sale consideration of ` 30 Lakh was already paid to defendant No.1 regarding suit property.

(2.5) Further plaintiff No.2 is owner and in possession of a plot, measuring 1008 Sq. Yds. out of land comprised in Khewat No.330/314 Min Khatoni No.358 & Rect. & Killa No.31//18/1/2 (2-4) and 18/2/1 (1-16), situated within the revenue estate of Village Sakhol. After annexing said plot, shown by letters ‘BEFG’ with the suit property, he raised boundary walls with iron rod fencing, erected two iron gates and also planted a number of trees after investing an amount of ` 15 Lakh over the suit property with the verbal consent of defendant No.1.

(2.6) On 23.04.2008, plaintiff No.2 went to the Office of Sub Registrar, Bahadurg