VidhiSangh

Supreme Court of India · 26/10/2021

SUGHAR SINGH versus HARI SINGH (DEAD) THROUGH LRS. & ORS.

[2021] 10 S.C.R. 287 · 2021 INSC 672

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court restored a decree for specific performance, holding that the purchaser’s pleadings and conduct established readiness and willingness. Section 16(c) required substantive compliance rather than ritual wording, and the High Court lacked grounds to reverse the non-perverse concurrent findings in second appeal. Refusal of relief under the former discretionary regime also lacked sound reasons on these facts, particularly given the subsequent purchasers’ knowledge of the agreement. Execution of the sale deed and delivery of possession were directed within four weeks.

Issues

  1. Whether the pleadings and evidence satisfied the requirement of readiness and willingness for specific performance.
  2. Whether the High Court could overturn concurrent findings and deny equitable relief in second appeal on these facts.

Provisions considered

Held

Result

Appeal allowed without costs; High Court judgment set aside and original specific-performance decree restored. Defendants directed to execute the sale deed and hand over peaceful vacant possession within four weeks.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 287.