NDLI: Surinder Kaur (d) Thr. Lr. Jasinderjit Singh (d) Thr. Lrs. Vs. Bahadur Singh (d) Thr. Lrs.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Specific Relief Act s.16(c) Performance of the essential terms of the contract 1963
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Specific Relief Act, 1963 (47 of 1963)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Specific Relief Act, 1963 – s.16(c) – Performance of the essential terms of the contract – Predecessor-in-interest of the appellants entered into an agreement to sell the suit land with predecessor-in-interest of the respondents for total consideration of Rs. 5605/- – Out of this Rs.1000/- was paid as earnest money at the time of execution of agreement to sell – The possession of the land was handed over to the predecessor-in-interest of the respondents (vendee) – Since there was some litigation with regard to the property it was agreed between the parties that the sale deed would be executed within one month from the date of decision of civil appeal – Clauses of the agreement stipulated that in case decision regarding the property in civil appeal is after one year, then the predecessor-in-interest of respondents shall pay customary rent to the predecessor-in-interest of appellants – Litigation referred to in the agreement was decided after about 13 years – Predecessorin-interest of appellants failed to execute sale deed in favour of predecessor-in-interest of respondents – Suit for specific performance was filed by predecessor-in-interest of the respondents – The suit was decreed by all the Courts below – Appellants contended that since predecessor-in-interest of the respondents failed to pay the rent of the land, he was not entitled to a decree for specific performance – Held: The suit property was handed over to the predecessor-in-interest of the respondents and he had agreed to pay rent at the customary rate – Therefore, the possession of land was given to him only on this clear-cut understanding – This was a reciprocal promise and was an essential part of the agreement to sell – Admittedly, predecessor-in-interest of the respondents did not pay rent till the date of filing of the suit – The payment of rent was an essential part of the contract – Equity is totally against him – He by not paying the rent did not act fairly and forfeited his right to get the discretionary relief of specific performance – Thus, judgment and decree of all the Courts below set aside and suit for specific performance dismissed.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2019 INSC 1016
Petitioner	Surinder Kaur (d) Thr. Lr. Jasinderjit Singh (d) Thr. Lrs.
Respondent	Bahadur Singh (d) Thr. Lrs.
SCR	[2019] 12 S.C.R. 137
Judgement Date	2019-09-11
Case Number	7424

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