VidhiSangh

Supreme Court of India · 28/01/2020

SUKHWINDER SINGH versus JAGROOP SINGH & ANR.

[2020] 1 S.C.R. 512 · 2020 INSC 100

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Summary

The Supreme Court set aside specific performance because the plaintiff had not sufficiently proved readiness and willingness at the relevant times. The courts had confused a later decree-compliance deposit with proof at the contractual date and filing of suit, and assumed the subsequent purchaser’s notice without evidence. On the peculiar facts, the purchaser was instead directed to pay ₹3,50,000 inclusive of the advance, while the plaintiff could recover his court deposit.

Issues

  1. Whether the concurrent decrees adequately addressed readiness and willingness and the subsequent purchaser’s notice.
  2. What monetary relief should replace specific performance in the circumstances.

Held

Result

Appeal partly allowed; decree for specific performance set aside and replaced by payment of ₹3,50,000 by the appellant within three months, with 12% annual interest thereafter on default. Plaintiff permitted to withdraw the ₹70,500 deposit with accrued interest. Parties to bear their own costs; pending application disposed of.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 512.