VidhiSangh

Supreme Court of India · 31/07/2018

SREENIVASA COOPERATIVE BUILDING SOCIETY versus PUVVADA RAMA (DEAD) BY LRS. AND ORS.

[2018] 7 S.C.R. 1232 · 2018 INSC 651

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Summary

The Supreme Court upheld dismissal of a housing society’s specific-performance suit because execution of the sale agreements, payment of earnest money and delivery of possession remained unproved. Concurrent findings were open to correction under Article 136 for manifest injustice, but no such defect existed here. Its separate challenge to disposal of the rival purchaser’s appeal was not maintainable, and refund was also refused on the particular facts.

Issues

  1. Whether the concurrent findings against execution, payment and possession warranted interference.
  2. Whether the society could challenge disposal of the rival purchaser’s appeal or obtain refund of unproved earnest money.

Provisions considered

Held

Result

Both appeals dismissed with costs; specific performance and the request for refund refused.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 1232.