RAJ KISHORE (DEAD) BY LRS. versus PREM SINGH & ORS.

RAJ KISHORE (DEAD) BY LRS. versus PREM SINGH & ORS.

The transaction did not constitute either a mortgage by conditional sale or an English mortgage, as requisite conditions were not embodied in the sale-deed or signed by the seller. The plaintiff failed to prove readiness and willingness to perform under s.16(c) of the Specific Relief Act. Time stipulated for re-conveyance was the essence of contract and not complied with; thus, no relief for re-conveyance could be granted.

Parties
Appellant: Raj Kishore (Dead) by LRs.; Respondents: Prem Singh & Ors.
Jurisdiction
India
Judgment Date
10 December 2010
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Mortgage by Conditional Sale, English Mortgage, Agreement for Re Conveyance, Specific Performance, Essence of Time in Contract
Property Law Contract Law Specific Relief Mortgage by Conditional Sale English Mortgage Agreement for Re Conveyance Specific Performance Essence of Time in Contract

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Parties

Raj Kishore (Dead) by LRs.

Appellant

Prem Singh & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the transaction constitutes a mortgage by conditional sale under s.58(c) of the Transfer of Property Act, 1882.
  2. 2 Whether the transaction constitutes an English mortgage under s.58(e) of the Transfer of Property Act, 1882.
  3. 3 Whether time stipulated for re-conveyance is the essence of contract.

Ratio Decidendi

The transaction did not constitute either a mortgage by conditional sale or an English mortgage, as requisite conditions were not embodied in the sale-deed or signed by the seller. The plaintiff failed to prove readiness and willingness to perform under s.16(c) of the Specific Relief Act. Time stipulated for re-conveyance was the essence of contract and not complied with; thus, no relief for re-conveyance could be granted.

Court Disposition

Appeal dismissed

Orders

  • No costs ordered.