The appellant's appeal challenging a decree for specific performance is dismissed. The court held that readiness and willingness were established by the vendee's presence at execution and subsequent suit filing, leaving no occasion for interference. The delay in refiling was condoned.
The appeal is dismissed; the delay in refiling the appeal is condoned.
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RSA No.737 of 2015 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.737 of 2015 (O&M) Date of Decision: 04.05.2015
Om Parkash
..... Appellant
Versus
Smt. Savitri Devi ..... Respondent
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. N.S. Shekhawat, Advocate, for the appellant.
RAJIV NARAIN RAINA, J.(Oral)
CM No.2165-C of 2015
For the reasons mentioned in the application, the same is allowed and the delay of 442 days in refiling the appeal is condoned.
RSA No.737 of 2015 (O&M)
This is defendant vendor's second appeal. The suit for specific performance of contract for sale of suit land has been decreed.
Having regard to the findings of fact recorded concurrently by the courts below that the agreement to sell was found to be a valid and genuine document duly executed between the parties as there was sufficient evidence and proof on record. The second issue is with respect to the plaintiff vendee's readiness and willingness to perform her part of the contract which has also gone in her favour and against the defendant
MANJU 2015.05.06 16:13 I attest to the accuracy and authenticity of this document High Court Chandigarh
RSA No.737 of 2015 (O&M)
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inasmuch as the presence of the vendee was recorded in the office of the Sub Registrar on the due date fixed in the agreement of sale for execution of sale deed i.e. August 03, 2000 which according to the learned Lower Appellate Court was sufficient indicator of the purchaser's willingness and readiness to perform her part of the contract with the balance sale consideration. The suit was filed promptly on August 17, 2000. When the ingredients for decree for specific relief are met on record, there would be no occasion for interference in jurisdiction on the second appeal side of this Court.
Mr. Shekhawat tried valiantly to come out of the findings of the Courts but remained unsuccessful with nothing more to canvass for his client.
Resultantly, no question of law arises for decision much less a substantial one for which reason the appeal fails and is dismissed.
(RAJIV NARAIN RAINA) JUDGE
04.05.2015 manju
MANJU 2015.05.06 16:13 I attest to the accuracy and authenticity of this document High Court Chandigarh
3 issues framed by the court
Whether the appellant's appeal challenges the plaintiff's established readiness and willingness found by lower courts.
Whether there are substantive legal questions requiring interference in the second appeal.
Whether the delay in filing the appeal should be condoned to allow reporting.
Om Parkash
Smt. Savitri Devi
Rajiv Narain Raina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
