NIRMALA ANAND versus ADVENT CORPORATION (P) LTD. AND ORS.

NIRMALA ANAND versus ADVENT CORPORATION (P) LTD. AND ORS.

Appellant was always ready and willing to perform her part, seller committed breach, and appellant is entitled to specific performance with payment of Rs. 6,25,000 to seller as reasonable additional amount in lieu of increased value and delayed possession; imposing Rs. 40,00,000 would be too onerous and a premium on breach by seller.

Parties
Appellant: Nirmala Anand; Respondent: Advent Corporation (P) Ltd.; Respondents: Others
Jurisdiction
India
Judgment Date
30 September 2002
Procedural Posture
Civil Appeal / Supreme Court Three Judge Bench Decision
Outcome
Appeal allowed; judgment and decree modified; conditional decree for specific performance granted.
Legal Topics
Specific Performance, Sale of Immovable Property, Damages for Breach of Contract
Contract Law Specific Performance Sale of Immovable Property Damages for Breach of Contract

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Parties

Nirmala Anand

Appellant

Advent Corporation (P) Ltd.

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Three Judge Bench Decision

Legal Issues

  1. 1 Whether the appellant is entitled to specific performance of the flat purchase agreement despite breach by seller
  2. 2 Whether appellant should pay additional sum to seller for escalation in property value

Ratio Decidendi

Appellant was always ready and willing to perform her part, seller committed breach, and appellant is entitled to specific performance with payment of Rs. 6,25,000 to seller as reasonable additional amount in lieu of increased value and delayed possession; imposing Rs. 40,00,000 would be too onerous and a premium on breach by seller.

Court Disposition

Appeal allowed; judgment and decree modified; conditional decree for specific performance granted.

Orders

  • Appellant directed to pay Rs. 6,25,000 to Respondents 1 and 2 in addition to sum already paid.
  • Appellant shall be entitled to have sale deed executed in her favour only upon compliance with this payment.