SILLA CHANDRA SEKHARAM versus RAMCHANDRA SAHU

SILLA CHANDRA SEKHARAM versus RAMCHANDRA SAHU

Section 18(a) of the Specific Relief Act, 1877 is applicable when the vendor, at the time of contract, has imperfect title, and subsequently acquires interest; the purchaser may enforce the contract against such subsequently acquired interest. The High Court erred in restricting the operation of s. 18(a) to cases where actual sale had taken place.

Parties
Appellant: Silla Chandra Sekharam; Respondent: Ramchandra Sahu
Jurisdiction
India
Judgment Date
24 April 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From Orissa High Court
Outcome
Appeal allowed
Legal Topics
Specific Performance, Imperfect Title, Interpretation of Statutes
Specific Relief Property Law Specific Performance Imperfect Title Interpretation of Statutes

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Parties

Silla Chandra Sekharam

Appellant

Ramchandra Sahu

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Orissa High Court

Legal Issues

  1. 1 Interpretation of s. 18(a) of Specific Relief Act, 1877: does 'subsequently to the sale or lease' mean after contract or after execution of sale deed?
  2. 2 Applicability of s. 18(a) when imperfect title is subsequently perfected

Ratio Decidendi

Section 18(a) of the Specific Relief Act, 1877 is applicable when the vendor, at the time of contract, has imperfect title, and subsequently acquires interest; the purchaser may enforce the contract against such subsequently acquired interest. The High Court erred in restricting the operation of s. 18(a) to cases where actual sale had taken place.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; judgments of courts below are set aside.
  • Plaintiff's suit decreed: respondent to execute sale deed of entire house covered by the agreement in favour of the appellant.