VidhiSangh

Supreme Court of India · 11/09/2019

SURINDER KAUR (D) THR. LR. JASINDERJIT SINGH (D) THR. LRS. versus BAHADUR SINGH (D) THR. LRS.

[2019] 12 S.C.R. 137 · 2019 INSC 1016

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Summary

A purchaser put in possession under a sale agreement failed to pay the promised customary rent during prolonged title litigation and later denied liability. The Court held that rent was an essential contractual term and reciprocal to possession. Even treating it as independent, the purchaser’s default defeated readiness and willingness and made specific performance inequitable under the law applicable to the suit. Both specific performance and alternative monetary relief were refused.

Issues

  1. Whether failure to pay agreed rent defeated the purchaser’s claim to specific performance.
  2. Whether equitable discretion and the alternative refund claim favoured the purchaser.

Provisions considered

Held

Result

The appeals were allowed, all decrees below set aside and the specific-performance suit dismissed. Alternative monetary relief was also denied because the respondents had enjoyed the land for fifty-five years without rent. No costs were ordered.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 137.