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Specific performance

RUSSI FISHERIES P. LTD. & ANR. versus BHAVNA SETH & ORS.

The Supreme Court held that the first appellate court's findings on extension of time, payment of cash consideration and plaintiff's readiness and willingness were findings of fact not shown to be perverse and thus not open to reappraisal in second appeal; the adverse presumption from plaintiff's non-appearance was rebutted by cogent evidence (notably PW-4 and documents including the Sub-Registrar application and receipts); transfers by defendants during pendency are subject to lis pendens (Section 52 TP Act) and are non est; there was no evidence of price escalation or other change making sp…

Source excerpt

  • Decree of the specific performance
  • Agreement to sell
  • Continuous readiness and willingness to perform
  • Refund of sale consideration
  • Execution of sale deed
  • Substantial question of law
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Civil procedure

SULTHAN SAID IBRAHIM versus PRAKASAN & ORS.

The appellant's application under Order I Rule 10 was rightly held to be barred by res judicata because he had notice of and participated in the impleadment proceedings under Order XXII Rule 4 and failed to object or seek revision at the appropriate stage; the appellant failed to establish tenancy or possession under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965; and the decree for specific performance implicitly included transfer of possession because exclusive possession was with the contracting party when the suit was decreed. Thus the High Court and Trial Court com…

Source excerpt

  • Order i rule 10 cpc
  • Order xxii rule 4 cpc
  • Section 11 kerala buildings (lease and rent control) act, 1965
  • Section 28 specific relief act, 1963
  • Res judicata
  • Transfer of possession implicit in decree
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Indian stamp act, 1899

BIDYUT SARKAR & ANR. versus KANCHILAL PAL (DEAD) THROUGH LRS. & ANR.

The agreement to sell dated 29.03.1999 was insufficiently stamped and remained inadmissible because the Collector did not assess and the plaintiff did not pay the deficient stamp duty and any penalty nor obtain the Collector's endorsement as required by ss.35, 40 and 42 of the Indian Stamp Act, 1899; a document marked as exhibit with objection without judicial determination is not protected by s.36; consequently the High Court erred in decreeing specific performance on that basis and the Trial Court's dismissal of the suit was restored.

Source excerpt

  • Admissibility of insufficiently stamped documents
  • Section 35, 36, 40 and 42 of the indian stamp act, 1899
  • Payment of deficient stamp duty and penalty
  • Impounded instruments and certification by the collector
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Specific performance

R. RADHAKRISHNA PRASAD versus SWAMINATHAN & ANR.

The plaintiff proved payment of Rs.3,00,000 at the time of execution of the agreement but failed to establish by positive and corroborative evidence the subsequent payment of Rs.15,00,000; accordingly the High Court correctly modified the Trial Court's decree to allow recovery of only Rs.3,00,000 with interest and the Supreme Court dismissed the appeal.

Source excerpt

  • Specific performance
  • Refund of advance sale consideration
  • Ready and willing to pay
  • Mesne profits
  • Equitable mortgage
  • Section 20 specific relief act
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Specific performance

M/S. GREATER ASHOKA AND LAND DEVELOPMENT COMPANY versus KANTI PRASAD JAIN (D) THROUGH LRS.

Given the long delay of about sixty years, intervening statutory and developmental changes, and the unreasonableness of merely refunding earnest money after such period, the Court modified the High Court decree and awarded compensation of ₹50,00,000 to the respondent as full and final settlement instead of directing registration of the original sale deed.

Source excerpt

  • Allotment of plot
  • Refund of earnest money
  • Alternative relief/damages
  • Frustration of contract
  • Interest
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Civil procedure

ELDECO HOUSING AND INDUSTRIES LIMITED versus ASHOK VIDYARTHI AND OTHERS

The High Court erred in allowing the review and accepting the defendant's contention based on documents not part of the plaint record; at the Order VII Rule 11(d) stage the court must limit itself to the plaint and documents annexed thereto and cannot examine extraneous documents or merits. The plaint in this case disclosed a cause of action arising after the family litigation was finally decided, and therefore the rejection of the plaint in review was set aside and the Trial Court was directed to proceed with the suit.

Source excerpt

  • Rejection of plaint under order vii rule 11(d) cpc
  • Maintainability under order ii rule 2 cpc
  • Cause of action
  • Pleadings and documents at preliminary stage
  • Res judicata
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Specific performance

SABBIR (DEAD) THROUGH LRS versus ANJUMAN (SINCE DECEASED) THROUGH LRS

The respondents waited approximately five and a half years after the eight-day period specified in the Agreement to Sell without taking steps to enforce the agreement or pleading readiness and willingness to pay the balance; the suit filed on 01.01.1981 was therefore barred by the three-year limitation under Article 54 of the Limitation Act, 1963, and the First Appellate Court's dismissal of the suit was restored.

Source excerpt

  • Readiness and willingness to perform
  • Agreement to sell
  • Accrual of cause of action
  • Refund of earnest money
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Civil procedure

MAHESH GOVINDJI TRIVEDI versus BAKUL MAGANLAL VYAS & ORS.

The Division Bench's order setting aside the Single Judge's grant of leave to place the counter-claim on record was unsustainable; the counter-claim was filed on 07.09.2018 before issues were framed and the Single Judge's order dated 02.05.2019 permitting the counter-claim to avoid multiplicity of proceedings (while keeping plaintiffs' defences including limitation open) was proper and is restored; the Supreme Court's order dated 26.02.2021 treating the counter-claim on record as a fait accompli and directing expeditious proceedings further supported not re-opening the question.

Source excerpt

  • Counter-claim
  • Leave to file counter-claim
  • Order viii rule 6-a cpc
  • Rule 95 bombay high court (original side) rules
  • Framing of issues
  • Expeditious disposal
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Specific performance

RAJPAL SINGH versus SAROJ (DECEASED) THROUGH LRS AND ANR

The Supreme Court held that the suit for cancellation of the sale deed was a substantive claim governed by a three-year limitation period from knowledge of the sale deed; because the sale deed was registered and mutated in 1996 and the purchaser remained in possession, the suit filed in 2001 was time-barred. Consequently the High Court's restoration of the trial court decree was unsustainable; the First Appellate Court's dismissal of the suit on merits and limitation was restored.

Source excerpt

  • Cancellation of sale deed
  • Agreement to sell
  • Possession
  • Bona fide purchaser
  • Collusive decree
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Specific relief act, 1963

SHENBAGAM & ORS. versus KK RATHINAVEL

The respondent failed to plead and prove continuous readiness and willingness to perform the contract as required by Section 16(c) of the Specific Relief Act; given the respondent's inconsistent conduct, delay and lack of contemporaneous evidence of financial capacity, specific performance was declined in exercise of the court's discretion under Section 20 and the appellants were ordered to refund the consideration with interest.

Source excerpt

  • Readiness and willingness to perform
  • Time not of the essence
  • Discretion under section 20
  • Personal bars under section 16
  • Mortgage/encumbrance and obligation to discharge
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.