P&H HC | Party if denies agreement to sell cannot raise plea of ‘readiness and willingness’ particularly when extensions and earnest money duly proved against it

Punjab and Haryana High Court: Amit Rawal, J. dismissed an appeal against the decree of the suit for specific performance of the agreement to sell.

Factual matrix of the case was, respondent-plaintiff alleged that appellant-defendant after mutual decision extended the date for the performance of the agreement, but on the date decided to perform the defendant did not come forward. Subsequently, plaintiff sent a legal notice and filed a suit when the defendant failed to reply to notice. Contention of the appellant was he never entered into an agreement with the plaintiff.

Deepender Ahlawat, learned counsel for the appellant submitted that readiness and willingness on behalf of the respondent-plaintiff was conspicuously wanting. No documents in this regard were placed on record. Even if the agreement to sell was denied, extensions were also the testimony of the same.

Learned counsel for the respondent, submitted various pieces of evidence and witnesses to prove his case that the appellant had entered into alleged agreement to sell and a copy of the impugned notice was also presented before the Court.

The Court observed that such arguments were not sustained for the simple reason that if a person who has denied the agreement to sell cannot be permitted to take the plea of readiness and willingness particularly when extensions and earnest money had been proved on record. The Court held, “As an upshot of my findings, there is no illegality and perversity in the concurrent findings of fact and law to form a different opinion than the one arrived at by the Courts below.” Hence, there were no merits in the appeal found by the Court.[Balwan Singh Raghav v. Dalip Kumar, 2019 SCC OnLine P&H 709, decided on 24-05-2019]

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