SOHAN SINGH versus SARWAN SINGH AND ORS.

SOHAN SINGH versus SARWAN SINGH AND ORS.

Payment of the consideration by bank draft satisfies the requirements for payment under the agreement for sale at the time of registration; refusal by the vendor to accept the bank draft and failure to execute the sale deed amounts to breach of contract, justifying a decree for specific performance.

Parties
Petitioner: SOHAN SINGH; Respondent: SARWAN SINGH AND ORS.
Jurisdiction
India
Judgment Date
19 August 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate Order on Special Leave Petition
Outcome
Petition dismissed.
Legal Topics
Specific Performance, Agreement for Sale, Payment Modality, Breach of Contract
Contract Law Property Law Specific Performance Agreement for Sale Payment Modality Breach of Contract

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Parties

SOHAN SINGH

Petitioner

SARWAN SINGH AND ORS.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appellate Order on Special Leave Petition

Legal Issues

  1. 1 Whether payment by bank draft instead of cash constitutes valid payment of consideration under an agreement for sale at the time of registration.
  2. 2 Whether refusal by vendor to accept bank draft and failure to execute sale deed is a breach of contract warranting decree for specific performance.

Ratio Decidendi

Payment of the consideration by bank draft satisfies the requirements for payment under the agreement for sale at the time of registration; refusal by the vendor to accept the bank draft and failure to execute the sale deed amounts to breach of contract, justifying a decree for specific performance.

Court Disposition

Petition dismissed.

Orders

  • Special Leave Petition is dismissed.