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Uttarakhand High Court
Ramlal vs 4.2016 Passed By The Learned Court Of ... on 19 February, 2026
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19.02.2026 SA No.81 of 2025
Hon'ble Siddhartha Sah, J.
Mr. Nagesh Aggarwal, learned counsel for the
appellant.
2. The present Second Appeal is being preferred
by the appellant/defendant against the impugned
judgment and order dated 09.04.2025, passed by the
learned Court of the 1st Additional District Judge,
Roorkee, Haridwar, in Civil Appeal No. 03 of 2019,
Ramlal vs. Bijendra Pal Singh, whereby the learned
Appellate Court dismissed the said appeal and
affirmed the impugned judgment and decree dated
01.04.2016 passed by the learned Court of Civil
Judge (Junior Division), Roorkee, Haridwar, in Civil
Suit No. 41 of 2014, Bijendra Pal Singh vs. Ramlal.
3. Learned counsel for the appellant has
submitted that the present second appeal arises out of
an agreement to sell dated 04.10.2010, which was
executed between the appellant and the respondent
and registered in the Sub-Registrar Office, Roorkee;
that, at the time of execution of the said agreement to
sell, an amount of Rs. 50,000/- was paid as earnest
money, and the balance amount of Rs. 50,000/- was
to be paid at the time of registration; that, initially,
the date for execution of the sale deed was fixed as
03.10.2011. However, the said date for execution
was further extended twice; that, the purpose of
execution of the said agreement to sell was as
security for the amount that was taken by the
defendant from the plaintiff. However, the
plaintiff/respondent instituted the suit for specific
performance on 12.05.2014. The suit for specific
performance was decreed by the trial court vide
judgment dated 01.04.2016. Aggrieved by the same,
an appeal was filed.
4. Learned counsel for the defendant/appellant
has drawn the attention of the Court to the point for
determination as framed in paragraph 18 of the
Appellate Court's judgment and has submitted that
the First Appellate Court failed to frame specific
point for determination regarding the readiness and
willingness on the part of the plaintiff to execute the
sale deed; hence, the Appellate Court's order is
unsustainable.
5. The Court, having gone through the First
Appellate Court's judgment, has also found that there
are no separate point for determination regarding the
readiness and willingness of the plaintiff. Such
readiness and willingness is sine qua non for
decreeing a suit for specific performance. In view of
the above, the present second appeal is admitted on
the following substantial question of law:-
i. Whether the First Appellate Court was
justified in dismissing the First Appeal of the
defendant/appellant without framing point for
determination regarding the readiness and
willingness on the part of the plaintiff?
6. Since the second appeal has been admitted,
there shall be an interim order staying the effect and
operation of the impugned judgment and order dated
09.04.2025, passed by the Court of 1st Additional
District Judge, Roorkee, Haridwar, in Civil Appeal
No. 03 of 2019, Ramlal vs. Bijendra Pal Singh, as
well as the decree dated 01.04.2016 passed by the
Court of Civil Judge (J.D.), Roorkee, Haridwar, in
Civil Suit No. 41 of 2014, Bijendra Pal Singh vs.
Ramlal, till the next date of listing.
7. Issue notice to the sole respondent. Steps to be
taken within three days.
8. List on 09.04.2026.
9. Stay application (IA No. 1 of 2025) stands
disposed of.
(Siddhartha Sah, J.)
19.02.2026
BS
