Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act 1963 - s.16(c) - Bar under - When applicable |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Specific Relief Act, 1963 - s.16(c) - Bar under - When applicable - Agreement to sell between appellant-plaintiff and defendant no.1-respondent no.l (owner) - Plaintiff paid part consideration in advance - Balance consideration was to be paid later - In terms of the agreement, Def No.l was to execute a General Power of Attorney (GPA) in favour of plaintiff's husband - However, resiled from execution of such GPA - Property sold by Def No. l to Def No.2 - Def No.2, in turn, sold the property to Def No.3 - On 18.02.1994, plaintiff issued notice to Def. No.l stating that she was ready to pay the balance consideration - Def No. l replied stating that the agreement was no longer valid - Suit for specific performance by plaintiff decreed - High Court in appeal by Def No. 3 set aside the decree of trial court stating that the plaintiff was not ready and willing throughout as was required u/s. l 6(c) - On appeal, held: On 13.03.1992, Def No.l ran away from the Registering Authority, thus not wanting to act in furtherance of the agreement in executing a GPA in favour of plaintiff's husband - Plaintiff issued notice only on 18.02.1994, after a period of one year and eleven months - No prudent person would stay quiet for such a long period after such an unequivocal repudiation of the agreement if they were really interested in going ahead with the sale transaction - Thus, plaintiff cannot be said to be ready and willing throughout to perform her part of the agreement - Further though aware of two conveyances of the same property, the plaintiff did not ask for their cancellation - Bar of s. l 6(c) squarely attracted on the facts of the present case - High Court judgment not interfered with. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 734 |
Petitioner | B. Vijaya Bharathi |
Respondent | P. Savitri & Ors. |
SCR | [2017] 7 S.C.R. 746 |
Judgement Date | 2017-08-10 |
Case Number | 512 |
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