SHRI VISHWA NATH SHARMA versus SHYAM SHANKAR GOELA AND ANR.

SHRI VISHWA NATH SHARMA versus SHYAM SHANKAR GOELA AND ANR.

Permission from the land authority is not a condition precedent for granting a decree for specific performance. Court can direct vendor to apply for permission and, if successful, convey title. Subsequent transferee who is not bona fide without notice must join in conveyance. Decree for specific performance is valid...

Source-derived case information.

Parties
Applicant: Shri Vishwanath Sharma; Respondent: Shyam Shankar Goela; Respondent: Defendant No. 2 (son of Shyam Shankar Goela)
Jurisdiction
India
Judgment Date
26 February 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Transfer of Property, Lease and Sub Lease Agreements
Property Law Contract Law Specific Performance Transfer of Property Lease and Sub Lease Agreements

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Parties

Shri Vishwanath Sharma

Applicant

Shyam Shankar Goela

Respondent

Defendant No. 2 (son of Shyam Shankar Goela)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether unilateral cancellation by the defendant invalidates a suit for specific performance of sale agreement
  2. 2 Whether permission from an authority is a condition precedent to granting specific performance with respect to leased property subject to transfer restrictions

Ratio Decidendi

Permission from the land authority is not a condition precedent for granting a decree for specific performance. Court can direct vendor to apply for permission and, if successful, convey title. Subsequent transferee who is not bona fide without notice must join in conveyance. Decree for specific performance is valid even where transfer requires authority permission.

Court Disposition

Appeal dismissed

Orders

  • Respondent to pay appellant a sum of Rs. 5 lakh within four months in lieu of specific performance.