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.20 |
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.20 – Applicability of – Specific performance – Concurrent findings of facts recorded by all the courts below on the execution of agreement to sell and on the payment of part sale consideration of Rs.3,50,000/- by the original plaintiff-vendee to the original defendant-vendor – Merely because in the document the purpose of sale of the property was stated to be for the marriage expenses, the document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document – Once the execution of the agreement to sell for a sale consideration has been believed and it has been found that plaintiffs were always ready and willing to perform their part under the agreement, they were entitled to decree for specific performance – In the facts and circumstances, clauses (a) and (c) of s.20 of the Specific Relief Act shall not be applicable – However, to do the complete justice between the parties and in exercise of powers under Art.142 of the Constitution of India, the original plaintiffs are directed to pay additional Rs.3,50,000/- to the original defendants, over and above the balance sale consideration of Rs.50,000/- – On such payment, the original defendants shall execute the sale deed in favour of original plaintiffs – Constitution of India – Art.142. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 323 |
Petitioner | Kirpal Kaur And Another |
Respondent | Ritesh And Others |
SCR | [2022] 1 S.C.R. 798 |
Judgement Date | 2022-03-22 |
Case Number | 1991 |
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