Specific Performance

Specific Performance – Decree – No time/direction was granted to deposit the balance amount - If due to one or the other reason, petitioner could not deposit the balance sale consideration, the Court is always competent to extend the time - The balance sale consideration has already been deposited in terms of the interim order passed by this Court - Respondents will always be at liberty to raise appropriate objection(s) before the Appellate Court or Executing Court. Jatin (2018-2) PUNJAB LAW REPORTER 

Specific Performance Agreement to Sell – In the present Indian society, it is not uncommon to have faith upon known persons and advance the amount without execution of written acknowledgment or receipt - The present case also seems to fall within to that category - In Civil matters the Courts are required to adjudicate the dispute on the basis of preponderance of evidence and are not required to determine on the basis of concrete proof, as is required in criminal cases.   (2018-2) PUNJAB LAW REPORTER 

Specific Performance of Agreement to Sell – Best piece of evidence, which has been withheld, was examination of the stamp vendor himself, for, to prove that the person had actually purchased the stamp papers - Normally, the stamp papers are purchased in the name of the vendor and his signatures are also appended in the register - Even the plaintiffs also failed to spell out as to who typed and drafted the agreement to sell – Factors that weighed in the mind of the Courts below in forming an opinion that the agreement was actually not entered into between the parties, but the same was prepared on blank papers bearing thumb impression, otherwise, the thumb impressions would have been on the photographs also.     (2018-3) PUNJAB LAW REPORTER

Specific Performance of Agreement to Sell – Challenging the sale deed – Plaintiff has not been able to lead any evidence on record to prove that sale deed in favour of defendants is a forged and fabricated document – Stamp vendor was not examined - Agreement was not scribed by a regular deed writer - It has been scribed on stamp paper purchased for execution of an affidavit - The land is situated at Hansi - Marginal witnesses are not of Hansi and there is no explanation that despite availability of deed writers and advocates at Hansi why agreement was prepared at Bhiwani - Facts and circumstances as enumerated above speak in volume about fabrication of agreement by plaintiff - It appears that same stamp paper lying with husband of defendant no.1 was used to create this document - No infirmity in findings recorded by both the Courts below terming the agreement as forged and fabricated document.   (2018-2) PUNJAB LAW REPORTER 

Specific Performance of Agreement to Sell - Evidence - Agreement to sell executed between the parties which is in writing, executed on a stamp paper purchased for the purpose of executing the agreement, the evidence of the Stamp Vendor would not be relevant. (2018-1 ) PUNJAB LAW REPORTER 

Specific Performance of Agreement to Sell – Had made a statement that all the LRs are not required to be impleaded – Once the counsel representing the petitioner had pleaded no instructions, a notice was required to be sent to the petitioner – Civil Procedure Code, 1908 (V of 1908) Order 9, Rule 13: A.I.R. 1993 SC 1182 followed.  (2018-3) PUNJAB LAW REPORTER

Specific Performance of Agreement to Sell – When the suit is filed within the limitation prescribed but after a period of one year from the date the sale deed has been executed in favour of the subsequent purchaser? - Plaintiff called upon defendants to come to execute the sale deed around 15 days before the date fixed for execution of sale deed – A reading of the notice would prove that plaintiff was not in knowledge of house having already been sold – The suit could not be said to be belated.  (2018-1) PUNJAB LAW REPORTER 

Specific Performance of Agreement to Sell – Whether the discretion exercised by the learned trial court while refusing the specific performance of the agreement to sell and ordering refund can be interfered by the learned first appellate court without recording finding that the discretion exercised by the court is not based on sound judicial principles of law? – Trial Court had given  reasons to deny the relief of specific performance – Court does not find that the discretion exercised by the trial Court was required to be interfered  with – The reasons assigned by the learned first appellate court is against the provisions of Section 16(c) of the Specific Relief Act.    (2018-2) PUNJAB LAW REPORTER 

Specific Performance of the Agreement – Issued legal notice through several modes i.e. UPC, registered letter and ordinary process, giving eight days time after the receipt of the notice to come present for executing the sale deed - Thereafter, appeared to get the sale deed executed before the office of Sub Registrar - Termination of notice – Not expiring on the date mentioned – Therefore there is no valid termination of notice and it was merely an excuse not to execute the sale deed. (2018-3) PUNJAB LAW REPORTER

Specific Performance of the Agreement – Usually a condition is imposed that in case of breach of the agreement by the vendee, the earnest money will be forfeited and in case of breach by the vendor, he will be liable to pay the penalty – Mere mention of the penalty clause will not take away the right of the plaintiff-respondent to enforce specific performance of agreement. (2018-3) PUNJAB LAW REPORTER

Specific Performance of the Agreement – When the plaintiff-respondent is praying that the defendants-appellants should execute the sale deed in his favour, it impliedly include the prayer to deliver the possession of the land, so sold to him - One cannot understand the position, where the plaintiff-respondent wants a sale deed in his favour without getting the possession of the land land. (2018-3) PUNJAB LAW REPORTER