Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific performance: c If vendor-father agrees to sell a property without disclosing that it is a joint property and the fact that he had only one-third share in the said property and enters into the agreement without the concurrence of the other sharers then D suit for specific performance cannot be enforced against the other sharers |
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:If vendor-father agrees to sell a property withoutdisclosing that it is a joint property and the fact that he hadonly one-third share in the said property and enters into theagreement without the concurrence of the other sharers thensuit for specific performance cannot be enforced against theother sharers - Sale agreement enforced against vendor-father to the extent of his 1/3rd share in the suit property -The impugned judgment of the High Court dismissing thesuit seeking for specific performance is liable to be set aside to that extent.English law on grant of specific performance to the extentof ownership/interest in joint property- Discussed.Specific performance of contract in piecemeal - Permissibility - Held: The Court will not as a general rulecompel specific performance of a contract unless it canexecute the whole contract - This principle is based on thegeneral law that the Court cannot specifically perform theG contract in piecemeal, but it must be performed in its entiretyif performed at all - But in the absence of misrepresentation ..or misconduct, the general rule is what where a person isjointly interested in an estate with another person and purportto deal with the entirety, the specific performance will not begranted against him as to his share.Specific Relief Act, 1963: s. 12 - Partial relief of specificperformance - The present case is not a case of theperformance of a part of the contract but the whole of thecontract insofar as the vendor is concerned, since he had agreed to sell the property in its entirety but it later turned outthat he had only 1/3'd share in the property - The~ saleagreement is binding on the vendor as it is without beingfractured - s. 12 is not attracted.Specific Relief Act, 1877: ss. 14 to 17 - Under the oldAct, the party seeking specific performance under thecorresponding provision of s. 15 had to pay the entire amountof consideration stipulated in the agreement even where hewas seeking enforcement of a part of the contract but underthe present Act he has to pay only part of consideration afterabatement in the amount of consideration as mentioned inthe section - Specific Relief Act, 1963 - ss. 12, 14 to 17. |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan |
Neutral Citation | 2015 INSC 592 |
Petitioner | Hanumappa Channappa Hullur (d) By Lrs. |
Respondent | Shivamaruthappa Parappa Kalli & Ors. |
SCR | [2015] 9 S.C.R. 798 |
Judgement Date | 2015-08-21 |
Case Number | 411-412 |
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