VidhiSangh

Supreme Court of India · 27/09/2022

KOLLI SATYANARAYANA (DEAD) BY LRS. versus VALURIPALLI KESAVA RAO CHOWDARY (DEAD) THR. LRS. AND OTHERS

[2022] 7 S.C.R. 330 · 2022 INSC 1026

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Summary

A July 1978 agreement to sell Hyderabad property required the vendor to obtain Urban Land Ceiling permission within 75 days, and let the purchaser reclaim his Rs. 15,000 advance between 75 and 90 days. When an exemption under Section 20 of the ULC Act could not be obtained, the vendor cancelled in April 1982. The purchaser did nothing for two years and sued for specific performance only after the exemption was granted in 1984. The High Court refused specific performance and awarded about Rs. 3 lakh. The Supreme Court upheld the refusal. Under K.S. Vidyanadam, time limits fixed for urban property in a rising market cannot be ignored, and the purchaser's conduct disentitled him to discretionary relief. Because the vendor had held the advance since 1978, the Court raised the payment to Rs. 15 lakh.

Issues

  1. Whether a purchaser was entitled to specific performance where the agreement fixed time limits for obtaining Urban Land Ceiling permission and reclaiming the advance, the vendor had cancelled after permission was not obtained, and the purchaser sued only after a two-year lull when permission was later granted.
  2. What monetary relief was just given that the vendor had held the advance since 1978.

Provisions considered

Held

Result

Appeal allowed in part. The refusal of specific performance was upheld, but the respondents were directed to pay the appellants Rs. 15,00,000 within three months in place of the High Court's award. No costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 330.