Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act 13(1)(b) – Limitation Act 1963 – s.12 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act, 1963 – s. 12, 13(1)(b) – Limitation Act, 1963 – s. 18(1), Art. 54 – Suit for specific performance involving third party – Grant of decree for specific performance – Correctness of – Held: High Court ought to have seen that the specific performance of the Agreement in question comprised of two parts (i) the defendant (predecessor of appellants) entering into an agreement with his brother’s wife for the purchase of a land for providing access to the land agreed to be sold under the suit Agreement of Sale; and (ii) the defendant then executing a sale deed conveying the property covered by the suit Agreement of Sale – Since the defendant’s brother’s wife was not a party to the suit agreement of sale, the Court cannot compel her to enter into an agreement with the defendant – Thus, performance of the first part of the obligation cannot be compelled by the Court, as it depended upon the will of a third party – Consequently, the performance of the second part of the obligation, may be hit by s. 12(1) – Also, none of the exceptions contained in sub-sections (2), (3) and (4) will apply – Even the limited rights conferred by s. 13(1)(b) are not available to the respondent-plaintiff – Further, the High Court could not have answered the question of limitation in favour of the respondent without framing any substantial question of law and without even a reference to Article 54 – Impugned judgment set aside – Relief of specific performance claimed by the respondent is rejected. Suit – For specific performance involving third party – Held: Court cannot grant the relief of specific performance against a person compelling him to enter into an agreement with a third party and seek specific relief against such a third party. |
Judge | Hon'ble Ms. Justice Indira Banerjee Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2022 INSC 954 |
Petitioner | Raman (dead) By Lrs. |
Respondent | R. Natarajan |
SCR | [2022] 11 S.C.R. 227 |
Judgement Date | 2022-09-13 |
Case Number | 6554 |
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