VidhiSangh

Supreme Court of India · 11/04/2022

P. RAMASUBBAMMA versus V. VIJAYALAKSHMI & OTHERS

[2022] 16 S.C.R. 1002 · 2022 INSC 413

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A purchaser challenged reversal of a specific-performance decree despite the vendor admitting the agreement and substantial advance payment. The Court restored the decree, holding that the High Court had ignored admissions, framed issues and evidence establishing the later related-party sale deeds as nominal. Lack of a separate cancellation prayer did not justify reversal in those circumstances. The trial court’s exercise of discretion was sustained and the appeal allowed without costs.

Issues

  1. Whether the admitted sale agreement and payment, together with findings concerning the later sale deeds, justified specific performance.
  2. Whether absence of a separate cancellation prayer prevented relief concerning subsequent transfers already tried on specific issues.

Provisions considered

Held

Result

Appeal allowed; the High Court’s judgment was quashed and the trial court’s judgment and decree restored. No costs.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 1002.