Law: Specific Relief Act, 1877

Section: 22

Law: Specific Relief Act, 1877

Section: 22

(a) Specific Relief Act (I of 1877)-------Ss. 12 & 22---Punjab Pre-emption Act (IX of 1991), Ss.5, 6, 7 & 8---Superior pre-emption right of subsequent purchaser---Suit for specific performance of agreement to sell---Specific performance of agreement was a discretionary equitable relief---Plaintiff not ready and willing to perform his part of contract---Plaintiff filed suit for specific performance of agreement qua suit land against defendants---Defendants prior to institution of suit had, alienated land in favour of another defendant---Trial Court dismissed suit on grounds that plaintiff was not ready and willing to perform his part of agreement and equitable relief of specific performance was not to be granted to him and that subsequent purchaser being co-sharer in Khata had superior right of pre-emption, therefore, plaintiff was not entitled to decree for specific performance---Appeal filed by plaintiff was dismissed by Appellate Court---Plaintiff contended; that he was willing to perform his part of agreement; that he served notice upon defendants to perform agreement; that reasoning of Courts below as to superior pre-emption right of subsequent purchaser was devoid of any force as right of pre-emption under Punjab Pre-emption Act, 1991 was subject to making of Talbs which stage in the matter had not yet arrived and that the reason that plaintiff had joined with him partners in transaction was not to come in. the way of plaintiff to hold that he was not ready and willing to perform his part of agreement---Validity---Evidence was not led by plaintiff to prove that before target date he had approached defendants/sellers for finalization of transaction in his favour, nor it was established that before target date he had made any effort for purchase of stamp paper and scribing and preparation of sale deed and had contacted defendants in this regard---Legal notice was issued to plaintiff by defendants which specified date and place for payment of balance amount and execution and registration of sale deed but instead of doing the needful, plaintiff did not take steps for finalization of transaction---Defendants sent another legal notice to plaintiff for…

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