Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Performance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Specific Relief Act, 1963 (47 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Performance – Specific performance of contract – Agreement to sell land between the appellant-vendor and respondent-vendee – Part payment towards the sale price paid by respondent but appellant failed to carry out their obligations of obtaining ‘no objection certificate’ from the appropriate authority – Suit for specific performance of the agreement by the respondent – Application also filed for injunction against alienation of the land in dispute – Grant of interim injunction subject to deposit of the balance sale consideration – However, balance sale consideration not deposited by the respondent – During pendency of the suit, appellant transferred the land to defendant – Thereafter, dismissal of the suit since respondent not ready and willing to perform his part of the contract – However, the High Court passed the decree for specific performance in favour of the respondent – On appeal, held: Material on record indicates that the respondent did not have the necessary funds to pay the balance consideration – Though respondent took loan but that was for his business and not for payment of balance consideration – Respondent could not pay the loan amount as also the balance consideration – Trial court rightly held that by necessary implication respondent was neither ready nor willing to perform his part of the agreement – Further, the nature and the purpose of no objection certificate that vendors were required to obtain and the authorities from whom it was to be obtained not clear – Also not clear about the nature of income tax clearance certificate required and for what purpose – Thus, the judgment and decree passed by the High Court is set aside. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 161 |
Petitioner | Kalawati (d) Through Lrs. & Ors. |
Respondent | Rakesh Kumar & Ors. |
SCR | [2018] 1 S.C.R. 482 |
Judgement Date | 2023-02-16 |
Case Number | 2244 |
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