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Tuesday, March 16, 2010

Agreement to sell--Merely because the suit was filed just a few days before the expiry of limitation period of three years, the plaintiff could not have been denied the relief of specific performance

2010(1) LAW HERALD (P&H) 460
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L.N. Mittal
R.S.A. No. 186 of 2010
Narinder Kaur
v.
Surjan
{Decided on 22/01/2010}
For the Appellant: Mr. Anil Kshetarpal, Advocate.
IMPORTANT POINT
Agreement to sell--Merely because the suit was filed just a few days before the expiry of limitation period of three years, the plaintiff could not have been denied the relief of specific performance.
(A) Specific Relief Act, 1963--Specific Performance--Agreement to sell--Execution of--Proof--Contention of appellant that mere admission by defendant of signatures of her husband on agreement and receipt not sufficient to prove due execution of agreement--Not acceptable as plaintiff-respondent led sufficient evidence to prove due execution of agreement--Suit of plaintiff for specific performance rightly decreed. (P.7 & 8)
(B) Specific Relief Act, 1963--Specific Performance--Agreement to sell--Execution of--Proof--Plaintiff in order to prove agreement not only stepped himself in witness box but also examined both marginal witnesses of agreement--He also examined advocate as witness who had drafted and got typed agreement--Due execution of agreement held to be proved. (P.9)
(C) Specific Relief Act, 1963--Agreement to sell--Specific Performance--Limitation--Merely because the suit was filed just a few days before the expiry of limitation period of three years, the plaintiff could not have been denied the relief of specific performance--Moreover, both the courts below have exercised the discretion of granting relief of specific performance to the plaintiff--Judgments of the courts below cannot be reversed in second appeal mere merely on account of delay in filing the suit, although the suit was filed within limitation period--Pendency of suit filed by defendant’s son against the plaintiff’s sons would also not disentitle the plaintiff to relief of specific performance on the ground of delay in filing the suit, when execution of the impugned agreement is fully proved. (P.10)