Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for specific performance m Time as essence of agreement Limitation Act Specific Performance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Specific Performance - Suit for specific performance and suit for permanent injunction- Sale agreement of house by defendant no. 2-original owner in favour of plaintiff - Payment of consideration amount as also balance amount by plaintiff, however, non-execution of sale deed by defendant no. 2 - Thereafter, attempt by defendant no. 2 along with defendant no. 1 to dispossess plaintiff from the house - Suit for permanent injunction by plaintiff against defendants - Subsequently, cancellation of sale agreement by defendant no. 2 and house sold to defendant no. 1-subsequent purchaser for consideration - Suit for specific performance of agreement by plaintiff - Both suits set aside by the trial court - However, suits decreed against the defendants by the High Court with the direction to the defendants to execute the sale deed in favour of the plaintiff and the plaintiff to pay additional sum of Rs. 4 lacs to defendant no. 2- On appeal, held: Bar contained in Or. II, r. 2 not attracted so as to non- suit the plaintiff from filing the suit for specific performance of the agreement because of the different cause of action to claim the respective reliefs as also ingredients for claiming the reliefs, thus, could be filed simultaneously - Time was not essence of agreement for its performance - Suit filed by plaintiff for specific performance of the agreement was within limitation of three years prescribed u/Art. 54 which began when the plaintiff noticed that the defendant refused the performance of the agreement- On facts, High Court justified in granting specific performance of agreement in plaintiff's favour- Direction issued by the High Court upheld- However, on account of frustration of contract between defendant no. 2 and defendant no. 1, defendant no. 2 directed to refund Rs. 4 lacs to defendant no. 1, to do substantial justice to all the parties - Code of Civil Procedure, 1908 - Or. II, r. 2 - Limitation Act, 1963 -Art. 54. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2014 INSC 751 |
Petitioner | Rathnavathi & Another |
Respondent | Kavita Ganashamdas |
SCR | [2014] 13 S.C.R. 120 |
Judgement Date | 2014-10-29 |
Case Number | 9949-9950 |
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