NDLI: Sukhwinder Singh Vs. Jagroop Singh & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Specific Relief Act Agreement of sale
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Limitation Act, 1963 (36 of 1963) Code of Civil Procedure, 1908 (5 of 1908) Specific Relief Act, 1963 (47 of 1963)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Specific Relief Act, 1963 – s.20 – Agreement of sale dtd. 03.01.04 executed by defendant no.1 (respondent no.2) in favour of plaintiff (respondent no.1) to sell land – Plaintiff instituted suit seeking possession by way of specific performance alleging that the land was agreed to be sold for Rs.1,40,000/- and he had paid Rs.69,500/- as earnest money – Plaintiff also prayed to set aside sale deed dtd.11.06.04 executed by defendant no.1 in favour of defendant no.2-appellant (purchaser of the property) and in the alternative sought for refund of earnest money and damages– Trial Court decreed the suit – Defendant no.2 filed petition to set aside the ex parte decree and for retsoration of suit – Dismissed – Eventually, Supreme Court allowed the suit to be proceeded – Relief of specific performance granted to the plaintiff – On appeal, held: Though the plaintiff examined himself, the document writer and the witness to the agreement who stated with regard to the execution of the agreement, the evidence to prove readiness and willingness with regard to the resources to pay the balance sale consideration is insufficient – Plaintiff in any event was not entitled to decree for specific performance and possession against defendant no.1 – Further, despite holding that defendant no.2 is bonafide purchaser, it cannot be lost sight of that defendant no.1 received Rs.69,500/- from the plaintiff as far back as on 03.01.04 and had the transaction was concluded, the plaintiff would have been entitled to the benefit of the land – There has been considerable appreciation in the market price – Though in normal circumstance the return of the advance received and the compensation for denial of the property was to be paid by defendant no.1, however the defendant no.1 having lost interest in the property has not appeared in the instant proceedings nor is there any material to indicate that he benefited from the appreciation since even as per plaintiff he sold the property for a lesser price – In the peculiar facts of the instant case, defendant no.2 who benefited from the property will have to repay the advance and compensate the plaintiff – Decree granting the relief of specific performance as affirmed by lower appellate court and High Court is set aside – Appellant to pay Rs.3,50,000/- only to the plaintiff within three months, failing which it shall carry interest at 12% p.a. thereafter – Code of Civil Procedure, 1908 – Or. 9, r.13 and s.115 – Limitation Act, 1963 – s.5.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2020 INSC 100
Petitioner	Sukhwinder Singh
Respondent	Jagroop Singh & Anr.
SCR	[2020] 1 S.C.R. 512
Judgement Date	2020-01-28
Case Number	760

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