Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific performance: Sale of suit property by respondent subject to consent of Labour Union- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Specific performance: Sale of suit property byrespondent subject to consent of Labour Union -Appellant-buyers paid earnest money as per the agreement to therespondents-buyers - Labour Union refused to give theconsent for sale of the suit property- Respondent informedthis fact to the appellant that the agreement stood cancelledand that they would return the amount - Appellant waivedthe condition of obtaining the consent of labour but stillagreement did not materialize- Suit for specific performanceby appellant- Single judge of High Court decreed the suit-Division Bench set aside the decree - On appeal, held: Inthe plaint filed by appellant, specific case was pleaded byappellant that the Labour Union colluded with the respondents- However, at the time of leading the evidence, case wasmade out that Labour Union agreed to the proposed sale oncertain conditions offered by respondent - Such evidencecould not be allowed to be led in the absence of pleadings inthe plaint - Since there was new plea or a/legation of factinconsistent with the previous pleadings of the parties, stepsought to have been taken by appellant to amend the plaintwhich was not done - As the Labour Union did not give itsconsent to the proposed sale, agreement for sate could nothave been performed and had ceased - Appellant is onlyentitled to refund of the amount along with interest @ 18%per annum stipulated therein. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2015 INSC 490 |
Petitioner | Nandkishore Lalbhai Mehta |
Respondent | New Era Fabrics Pvt. Ltd. & Ors. |
SCR | [2015] 7 S.C.R. 631 |
Judgement Date | 2015-07-08 |
Case Number | 1148 |
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