VidhiSangh

Supreme Court of India · 22/08/2017

RAMATHAL versus MARUTHATHAL & ORS.

[2017] 8 S.C.R. 613 · 2017 INSC 790

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

Summary

The Court restored a specific-performance decree against the remaining contesting seller. The buyer’s payment depended on the seller first surveying and demarcating the land, which had not occurred. The High Court improperly reversed supported concurrent findings through reappreciation in second appeal. Readiness and willingness were pleaded and proved; the defaulting seller could not rely on price escalation or her own nonperformance to defeat relief.

Issues

  1. Whether the High Court could reverse the concurrent factual findings in second appeal.
  2. Whether survey was a prerequisite to payment and whether the buyer proved readiness and willingness.
  3. Whether time and subsequent price escalation defeated specific performance.

Provisions considered

Held

Result

Appeal allowed as pursued against respondent No. 2; High Court judgment set aside and trial-court decree restored, without costs. Other respondents had settled.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 613.