VidhiSangh

Supreme Court of India · 09/07/2024

MAHARAJ SINGH & ORS. versus KARAN SINGH (DEAD) THR. LRS. & ORS.

[2024] 7 S.C.R. 396 · 2024 INSC 491

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Summary

A specific-performance decree was upheld in principle against subsequent purchasers with constructive notice, but restricted to the willing first plaintiff’s undivided half share. Cancellation of the subsequent sale deeds was unnecessary. Because agricultural-land transfer required government permission, conveyance was made conditional on permission, with a refund alternative upon final refusal and partition left to separate proceedings.

Issues

  1. Whether oral evidence could establish that the registered agreement was sham and whether that defence was proved.
  2. Whether subsequent purchasers had constructive notice and their sale deeds required cancellation.
  3. Whether statutory permission for agricultural-land transfer prevented a conditional decree.
  4. How the second plaintiff’s refusal to seek performance affected the relief.

Provisions considered

Held

Result

Appeal partly allowed without costs. Conditional specific performance restricted to the first plaintiff’s undivided half share; second plaintiff’s suit dismissed. Permission, commissioner, refund and separate-partition directions govern execution.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 396.