VidhiSangh

Supreme Court of India · 13/09/2022

RAMAN (DEAD) BY LRS. versus R. NATARAJAN

[2022] 11 S.C.R. 227 · 2022 INSC 954

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Summary

Under a 1993 agreement to sell about 76 cents of land, the vendor was also to agree with his brother's wife to buy part of her land as a pathway, since the suit land had no access. No such agreement was made. The purchaser sued in 2007. The trial court decreed specific performance, the first appellate court reversed it, and the High Court in second appeal restored it. The Supreme Court allowed the vendor's heirs' appeal. The High Court had framed a question of fact as a substantial question of law and decided limitation under Article 54 without framing a question on it. In any event, performance depended on a third party who could not be compelled. Part performance was barred by Section 12(1) of the Specific Relief Act, and Section 13(1)(b) did not apply. A refund of Rs. 1,44,400 with 9% interest was decreed instead.

Issues

  1. Whether the High Court in second appeal could restore a decree for specific performance on a question of fact and decide limitation without framing a substantial question of law
  2. Whether specific performance can be decreed where performance depends on the vendor first acquiring a pathway from a third party not party to the agreement

Provisions considered

Held

Result

Appeal allowed. The decree for specific performance was set aside, and a decree for refund of Rs. 1,44,400 with 9% interest from the date of suit was granted instead; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 227.