Agreement to sell--Specific Performance--Alternative Relief--Money decree--Execution of agreement to sell and receipt of earnest money of Rs.3,25,000/- proved--Condition in agreement that if vendor backed out from agreement and refused to execute sale deed in favour of vendee then he will be entitled to receive double amount of earnest money--Money decree passed by appellate Court of Rs.5,20,000/- (3,25,000/-as earnest money and Rs.1,95,000/- as damages) not harsh and against any law--Moreover, vendor not taken plea of hardship but simple plea of denial of execution of agreement to sell taken up--No interference.; Harcharan Singh v. Sohan Singh, ; 2010(1) Law Herald (P&H) 739
Agreement to sell--Specific performance--Discretionary relief--Relief of specific performance of agreement to sell is a discretionary relief and the discretion has to be exercised on the basis of sound judicial principles--Unless there is a ground for declining the relief of specific performance of the agreement, ordinarily the Courts would exercise discretion in favour of ordering specific performance of the agreement--Equity, justice and good conscience demand that the agreements, which have been entered into between the parties, should be honoured--If relief of specific performance of the agreement is declined without any reason, the very purpose of entering into agreement would be frustrated.; Smt. Raj Kanwar v. Gharsi Ram through LRs, ; 2010(1) Law Herald (P&H) 731
Specific Performance--Agreement to sell--Trial Court declined relief of specific performance of agreement by simply observing that value of property has since increased and that original owner of suit land has already died--Not sufficient grounds for declining relief for specific performance of agreement--Plaintiff agreed to purchase suit land to earn profit in case of increase in price--Said benefit cannot be declined without any valid reason--Plaintiff paid more than 90% of agreed sale price to vendor--Plaintiff remained deprived of amount as well as fruits of possession of suit land for more than a decade since date of agreement--No reason to decline relief of specific performance of agreement--Suit for possession by specific performance of agreement decreed.; Smt. Raj Kanwar v. Gharsi Ram through LRs, ; 2010(1) Law Herald (P&H) 731
S.12 & 20--Agreement to sell--Specific Performance of part of contract--Question with regard to relief of declaration being included in suit for specific performance not raised before Courts below--Plea even not taken by vendor appellant that he cannot execute a decree of 2.2 kanals of land as he has left with only to extent of 1.15 marla and therefore agreement to sell in question has become inequitable--However, vendee specifically mentioned about previous sales and that vendor concealed this fact from him and executed agreement to sell--Held; that Court can ask for specific performance of part of contract.; Manmohan Singh v. Hakam Singh etc., ; 2010(1) Law Herald (P&H) 753
