P. DAIVASIGAMANI versus S. SAMBANDAN

P. DAIVASIGAMANI versus S. SAMBANDAN

The Supreme Court dismissed the appeal and confirmed the High Court's decree for specific performance: the suit was within the period prescribed by Article 54 as limitation began when performance was refused; the respondent had averred and proved continuous readiness and willingness under Section 16(c); mere delay within the statutory period is not a ground to refuse relief; in view of rise in property values the respondent was directed to deposit an additional sum of Rs.1,00,00,000 in the Trial Court and upon such deposit the appellant must execute the sale deed.

Parties
Appellant: P. Daivasigamani; Respondent: S. Sambandan
Jurisdiction
India
Judgment Date
12 October 2022
Procedural Posture
Civil Appeal / Decision on Appeal to the Supreme Court
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Readiness and Willingness, Limitation (article 54), Delay and Laches, Discretion Under Section 20 of the Specific Relief Act
Specific Relief Act, 1963 Limitation Act, 1963 Code of Civil Procedure, 1908 Property Law Contract Law Specific Performance Readiness and Willingness Limitation (article 54) +2 more

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Parties

P. Daivasigamani

Appellant

S. Sambandan

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal to the Supreme Court

Legal Issues

  1. 1 Whether the suit for specific performance was barred by limitation under Article 54 of the Limitation Act, 1963
  2. 2 Whether the plaintiff had averred and proved readiness and willingness under Section 16(c) of the Specific Relief Act, 1963
  3. 3 Whether delay/laches could be a ground to refuse specific performance when suit is within limitation

Ratio Decidendi

The Supreme Court dismissed the appeal and confirmed the High Court's decree for specific performance: the suit was within the period prescribed by Article 54 as limitation began when performance was refused; the respondent had averred and proved continuous readiness and willingness under Section 16(c); mere delay within the statutory period is not a ground to refuse relief; in view of rise in property values the respondent was directed to deposit an additional sum of Rs.1,00,00,000 in the Trial Court and upon such deposit the appellant must execute the sale deed.

Court Disposition

Appeal dismissed

Orders

  • Decree of specific performance passed by the High Court in favour of the respondent confirmed
  • Respondent directed to deposit a sum of Rs.10000000 (Rupees One Crore) in the Trial Court within eight weeks, over and above any amount already deposited