NDLI: Kamal Kumar Vs. Premlata Joshi & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Art.136 Concurrent findings of fact by lower courts Scope of interference
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, Specific Relief Act, 1963 (47 of 1963)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Constitution of India – Art.136 – Scope of interference – Concurrent findings of fact by lower courts – Held: The concurrent findings of facts recorded by the two Courts below on all the material issues are binding on Supreme Court when there is no perversity or illegality in the findings – In the instant case, suit for specific performance of contract was filed in relation to the suit land – Courts below held that the plaintiff failed to prove his readiness and willingness to perform his part of the contract – The issue of readiness and willingness, is the most important issue for considering the grant of specific performance of the contract and the same having been held by the two Courts below on appreciation of evidence against the plaintiff, it is binding on Supreme Court – It being essentially a question of fact, Supreme Court is not inclined to again appreciate the entire evidence while hearing the appeal under Art.136 of the Constitution – It is more so when the appellant was also not able to point out any material perversity or/and illegality in the finding so as to call for any interference therein by Supreme Court – Specific performance – Specific Relief Act, 1963 – ss.16(c), 20, 21, 22 and 23. Specific Performance – Essential requirement to establish grant of specific performance – Grant of relief of specific performance is a discretionary and equitable relief – The material questions, which are required to be gone into for grant of the relief of specific performance, are whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property; whether the plaintiff has been ready and willing to perform his part of contract and whether he is still ready and willing to perform his part as mentioned in the contract; whether the plaintiff has, in fact, performed his part of the contract and, if so, how and to what extent and in what manner he has performed and whether such performance was in conformity with the terms of the contract; whether it will be equitable to grant the relief of specific performance to the plaintiff against the defendant in relation to suit property or it will cause any kind of hardship to the defendant and, if so, how and in what manner and the extent if such relief is eventually granted to the plaintiff; and lastly, whether the plaintiff is entitled for grant of any other alternative relief, namely, refund of earnest money etc. and, if so, on what grounds – These questions are part of the statutory requirements – These requirements have to be properly pleaded by the parties in their respective pleadings and proved with the aid of evidence in accordance with law – It is only then the Court is entitled to exercise its discretion and accordingly grant or refuse the relief of specific performance depending upon the case made out by the parties on facts – Specific Relief Act, 1963 – ss.16(c), 20, 21, 22 and 23.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 16
Petitioner	Kamal Kumar
Respondent	Premlata Joshi & Ors.
SCR	[2019] 1 S.C.R. 54
Judgement Date	2019-01-07
Case Number	4453

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