GURDIAL KAUR (D) THROUGH LRS. versus PIARA SINGH (D) THROUGH LRS.

GURDIAL KAUR (D) THROUGH LRS. versus PIARA SINGH (D) THROUGH LRS.

Decree for specific performance liable to be passed in respect of the land forming subject matter of the original agreement, notwithstanding change in revenue survey numbers, as the subject matter remained substantially unchanged and plaintiff proved readiness and willingness to perform his part; further proof of readiness and willingness for changed survey numbers not required where identity of suit land remains same.

Parties
Appellant: Gurdial Kaur (D) through LRS.; Respondent: Piara Singh (D) through LRS.
Jurisdiction
India
Judgment Date
14 March 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dated 09.08.2006 in RSA Nos. 1474 & 1475 of 1980
Outcome
Appeal partly allowed.
Legal Topics
Specific Performance, Ready and Willing Requirement, Amendment of Plaint, Change in Survey Numbers, Discretionary Relief, Substantial Question of Law
Contract Law Property Law Civil Procedure Specific Performance Ready and Willing Requirement Amendment of Plaint Change in Survey Numbers Discretionary Relief +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gurdial Kaur (D) through LRS.

Appellant

Piara Singh (D) through LRS.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dated 09.08.2006 in RSA Nos. 1474 & 1475 of 1980

Legal Issues

  1. 1 Whether change in revenue survey numbers altered the subject matter of agreement of sale.
  2. 2 Whether plaintiff fulfilled the requirement of readiness and willingness under Section 16(c) of Specific Relief Act.
  3. 3 Whether decree for specific performance can be granted in respect of the part of the suit property.

Ratio Decidendi

Decree for specific performance liable to be passed in respect of the land forming subject matter of the original agreement, notwithstanding change in revenue survey numbers, as the subject matter remained substantially unchanged and plaintiff proved readiness and willingness to perform his part; further proof of readiness and willingness for changed survey numbers not required where identity of suit land remains same.

Court Disposition

Appeal partly allowed.

Orders

  • Decree for specific performance restricted to land forming subject matter of original agreement, excluding new Khasra Nos. 63-M/13/2(6-8) and 53M/13/1(0-16).
  • Plaintiff/respondent directed to pay further sum of Rs. 30,000/- to appellant within six weeks.