Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act 1963: s. 20- Jurisdiction under |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Specific Relief Act, 1963: s. 20- Jurisdiction under; scope- In the instant case, plaintiff's case was that he entered intoan agreement with defendant no. 1 on 21.06.2004 topurchase land for Rs. 6 lacs- Defendant no. 1 accepted Rs.4 lacs as earnest money- It was agreed that suit land whichwas mortgaged with defendant no. 2 would be redeemed bydefendant no. 1 before execution of the sale deed -Non-execution of sale deed by defendant no. 1 - Suit forspecific performance of contract - Defendant no. 1 deniedthe execution of agreement dated 21. 06.2004 on the groundthat he had already executed agreement dated 07.05.2004to sell the suit land in favour of one 'P' after receiving Rs.1. 20 lacs as earnest money, therefore there was no occasionto enter into agreement with defendant no. 1 to sell the sameland; that defendant no. 1 was in need of money and hadtaken loan of Rs. 1.50 lacs from the plaintiff on 21.06.2004and when plaintiff made demand, defendant no. 1 asked 'P'to make payment of Rs. 1. 80 lacs to the plaintiff-After saidpayment by 'P', the alleged agreement dated 21.06.2004stood cancelled - Trial Court held that it was not a fit case forspecific performance of contract and directed defendant no.1 to pay back earnest money of Rs. 4 lacs - First appellatecourt decreed the suit for specific performance of contractdirecting defendant no. 1 to execute the sale deed in termsof agreement dated 21. 06. 2004 after accepting balance Rs.2 lacs from the plaintiff- High Court dismissed the appeal -Held: Though execution of agreement dated 21.06.2004between the parties was proved, but it was no where pleaded Aor proved by the plaintiff that he got redeemed the mortgagedland in favour of defendant no.2 in terms of the agreementnor was it specifically pleaded that he was ready and willingto get the property redeemed from the mortgage - It is a fitcase where instead of granting decree of specific Bperformance, the plaintiff can be compensatea by directingthe appellant to pay a reasonable and sufficient amount tohim - It would be just and appropriate to direct the appellantsto repay Rs. 4 lacs along with interest @ 18% p.a. from21. 06. 2004 - If they do so, the decree of specific performance Cshall stand set aside. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2015 INSC 735 |
Petitioner | Ramesh Chand (dead) Through L.rs. |
Respondent | Asruddin (dead) Through Lrsandanother |
SCR | [2015] 10 S.C.R. 604 |
Judgement Date | 2015-10-06 |
Case Number | 8427 |
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