RATHNAVATHI & ANOTHER versus KAVITA GANASHAMDAS

RATHNAVATHI & ANOTHER versus KAVITA GANASHAMDAS

Bar under Order II Rule 2 CPC does not apply here due to distinct causes of action; suit for specific performance filed within limitation as plaintiff had notice of refusal within the prescribed period; High Court justified in granting specific performance; direction for refund of Rs. 4 lacs to subsequent purchaser by defendant no. 2 after execution of sale deed to plaintiff to do substantial justice.

Parties
Appellant: Rathnavathi & Another; Respondent: Kavita Ganashamdas
Jurisdiction
India
Judgment Date
29 October 2014
Procedural Posture
Civil Appeal / Supreme Court Final Appeal and Disposition
Outcome
Appeals disposed of; High Court judgment and decree upheld.
Legal Topics
Specific Performance, Permanent Injunction, Limitation, Bar Under Order II Rule 2 CPC
Contract Law Property Law Civil Procedure Specific Performance Permanent Injunction Limitation Bar Under Order II Rule 2 CPC

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Parties

Rathnavathi & Another

Appellant

Kavita Ganashamdas

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal and Disposition

Legal Issues

  1. 1 Applicability of Order II Rule 2 CPC to bar subsequent suit for specific performance
  2. 2 Limitation under Article 54 of Limitation Act for specific performance
  3. 3 Entitlement to relief for specific performance

Ratio Decidendi

Bar under Order II Rule 2 CPC does not apply here due to distinct causes of action; suit for specific performance filed within limitation as plaintiff had notice of refusal within the prescribed period; High Court justified in granting specific performance; direction for refund of Rs. 4 lacs to subsequent purchaser by defendant no. 2 after execution of sale deed to plaintiff to do substantial justice.

Court Disposition

Appeals disposed of; High Court judgment and decree upheld.

Orders

  • Defendants to execute sale deed jointly in favour of plaintiff, provided plaintiff pays Rs. 4 lacs to defendant no. 2 over and above earlier Rs. 3,50,000/-
  • Defendant no. 2 to refund Rs. 4 lacs to defendant no. 1 within three months after sale deed execution; failure to refund will attract interest at rate of 9% per annum until payment