Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deposition of power of attorney holder Term 'readiness and willingness' Specific Relief Tendering in evidence Sale consideration Ready and willing to perform the contract Earnest money Limitation Specific performance Agreement to sell |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Specific Relief Act, 1963 (47 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Matter pertains to deposition of power of attorney holder in a suit for specific performance, in place and instead of the plaintiff-principal wherein the plaintiff is required to aver and prove his readiness and willingness to perform the terms of the contract; and the effect of filing a suit for specific performance after a long delay, on the last date of limitation. Headnotes Specific Relief Act, 1963 – s. 12 – Specific performance of part of contract – Deposition of a power of attorney holder, when can be read in evidence – On facts, the appellant entered into an agreement to sell with power of attorney holder for purchase of land for a sale consideration – Appellant paid earnest money on the date of agreement to sell and the balance amount was to be paid on the date of registration of the sale deed – Time for execution of the sale deed extended – However, the power of attorney holder executed the sale deed of the suit land in favour of respondents even though they were aware of the earlier sale agreement and its extensions – Sale deed executed behind the back of the appellant – Subsequently, on coming to know of the same, the appellant sent notice – Thereafter, suit filed and the trial court decreed in favour of the appellant – However, set aside by the High Court – Correctness |
Judge | Hon'ble Mr. Justice Prashant Kumar Mishra |
Neutral Citation | 2024 INSC 444 |
Petitioner | Rajesh Kumar |
Respondent | Anand Kumar & Ors. |
SCR | [2024] 5 S.C.R. 612 |
Judgement Date | 2024-05-17 |
Case Number | 7840 |
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