RAJESH KUMAR versus ANAND KUMAR & ORS.

RAJESH KUMAR versus ANAND KUMAR & ORS.

The appeal is dismissed because the plaintiff failed to personally testify and prove the essential pre-requisite under Section 12 (readiness and willingness) and the power of attorney holder's deposition could not substitute for the plaintiff's personal evidence; additionally, the agreement was not shown to be executed by all co-owners and the suit was filed after an undue delay on the last date of limitation, making specific performance inappropriate.

Parties
Appellant / Plaintiff: Rajesh Kumar; Respondents / Defendants: Anand Kumar & Ors.
Jurisdiction
India
Judgment Date
17 May 2024
Procedural Posture
Civil Appeal to the Supreme Court / Final Judgment on Appeal (dismissed)
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Deposition by Power of Attorney Holder, Readiness and Willingness to Perform, Limitation/delay
Specific Relief Act, 1963 Civil Procedure Limitation Law Specific Performance Deposition by Power of Attorney Holder Readiness and Willingness to Perform Limitation/delay

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Parties

Rajesh Kumar

Appellant / Plaintiff

Anand Kumar & Ors.

Respondents / Defendants

Procedural Posture

Civil Appeal to the Supreme Court / Final Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether a power of attorney holder can depose in place of the plaintiff in a suit for specific performance under Section 12 of the Specific Relief Act, 1963
  2. 2 Effect of filing a suit for specific performance after a long delay and on the last date of limitation
  3. 3 Whether an agreement executed by one co-owner (or purportedly by a power of attorney holder) without signatures of all co-owners can be specifically enforced

Ratio Decidendi

The appeal is dismissed because the plaintiff failed to personally testify and prove the essential pre-requisite under Section 12 (readiness and willingness) and the power of attorney holder's deposition could not substitute for the plaintiff's personal evidence; additionally, the agreement was not shown to be executed by all co-owners and the suit was filed after an undue delay on the last date of limitation, making specific performance inappropriate.

Court Disposition

Appeal dismissed

Orders

  • Judgment and decree of the High Court dated 01.09.2016 in FA No. 340 of 2003 upheld
  • Civil Appeal No. 7840 of 2023 dismissed