VidhiSangh

Supreme Court of India · 28/01/2019

VIJAY A. MITTAL & ORS. versus KULWANT RAI (DEAD) THR. LRS. & ANR.

[2019] 2 S.C.R. 507 · 2019 INSC 96

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Summary

Specific performance was upheld on established readiness and willingness, rejection of a collusive later sale and the finding that the family was bound by its Karta’s agreement. Omission of some legal representatives from the first appeal did not defeat adequate representation of the estate on these facts. The decree was modified to provide reciprocal deposits, refund of the failed later sale’s price, and joint conveyance with possession.

Issues

  1. Whether the specific-performance decree failed on readiness, estate representation, subsequent purchasers’ status or the Karta’s authority.
  2. What consequential directions were needed for conveyance and refund to the later purchasers.

Provisions considered

Held

Result

Appeal disposed of by modifying the decree: vendor’s legal representatives to deposit ₹48,000 for the later purchasers, and plaintiffs to deposit ₹41,000 for the vendor’s representatives, each within three months. Vendor’s representatives and later purchasers to execute the sale deed jointly and deliver possession simultaneously before withdrawing their deposits; executing court to ensure compliance, with execution available on default.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 507.