RAMESH CHAND (DEAD) THROUGH L.RS. versus ASRUDDIN (DEAD) THROUGH LRSANDANOTHER

RAMESH CHAND (DEAD) THROUGH L.RS. versus ASRUDDIN (DEAD) THROUGH LRSANDANOTHER

Although execution of the agreement dated 21.06.2004 was proved, plaintiff neither pleaded nor proved readiness and willingness to redeem mortgaged land as required by the agreement. Therefore, court exercised its discretion to deny specific performance and instead ordered compensation with enhanced interest.

Parties
Appellant: Ramesh Chand (Dead) Through L.Rs.; Respondent: Asaruddin (Dead) Through L.Rs. and Another
Jurisdiction
India
Judgment Date
06 October 2015
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal disposed of; decree of specific performance set aside if compensation paid, affirmed if not.
Legal Topics
Specific Performance, Discretion Under Section 20 of Specific Relief Act, Refund of Earnest Money, Sale Agreement
Contract Property Specific Relief Specific Performance Discretion Under Section 20 of Specific Relief Act Refund of Earnest Money Sale Agreement

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Parties

Ramesh Chand (Dead) Through L.Rs.

Appellant

Asaruddin (Dead) Through L.Rs. and Another

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether specific performance of the sale contract should be enforced or substituted with compensation
  2. 2 Whether the plaintiff was ready and willing to perform his part especially regarding redemption of the mortgaged land

Ratio Decidendi

Although execution of the agreement dated 21.06.2004 was proved, plaintiff neither pleaded nor proved readiness and willingness to redeem mortgaged land as required by the agreement. Therefore, court exercised its discretion to deny specific performance and instead ordered compensation with enhanced interest.

Court Disposition

Appeal disposed of; decree of specific performance set aside if compensation paid, affirmed if not.

Orders

  • Appellants (LRs of defendant No.1) to repay Rs. 4 lacs along with interest at 18% p.a. from 21.06.2004 to LRs of respondent No.1 within three months; if paid, specific performance decree is set aside; if not, decree is affirmed.
  • Pending applications also disposed of.