Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Performance Agreement to Sell |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Specific Performance:Agreement to sell – Entered in 1981 – Earnest money paid – Time extended to pay balance amount – Meanwhile acquisition proceedings – In representation by original vendor and vendee for deletion of the property from acquisition, vendor admitted sale and possession of the property to the vendee – Death of original vendor – Widow of original Vendor (D1) sold the property to D2 – Vendee’s suit for permanent injunction against D1&2 – Also suit for specific performance of 1981 agreement – Trial Court admitted execution of agreement and possession of vendee, but dismissed suit for specific performance on the ground of delay applying Article 54 of Limitation Act – High Court decreed the suit and applying Art. 113 of Limitation Act held that there was no delay – Appeal to Supreme Court by defendants – Held: High Court in the facts of the case rightly decreed the suit holding it as not barred by limitation, applying Article 113 – However, direction to vendee to pay additional Rupees fifteen lakhs towards full sale. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 141 |
Petitioner | Vundavalli Ratna Manikyam & |
Respondent | V.p.p.r.n. Prasada Rao |
SCR | [2020] 2 S.C.R. 607 |
Judgement Date | 2020-02-06 |
Case Number | 1204 |
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