VidhiSangh

Supreme Court of India · 22/09/2023

SABBIR (DEAD) THROUGH LRS versus ANJUMAN (SINCE DECEASED) THROUGH LRS

[2023] 13 S.C.R. 1127 · 2023 INSC 898

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Summary

The Supreme Court restored dismissal of a specific-performance suit filed about five and a half years after the sale agreement. The agreement expressly allowed court enforcement if the vendors failed to apply for permission within eight days, so the purchasers could not wait indefinitely for permission and intimation. Their unexplained delay and deficient pleading of readiness reinforced the limitation conclusion. A lump-sum refund of Rs 1,50,000 was ordered for the Rs 1,000 earnest payment.

Issues

  1. When did enforcement rights arise under the agreement’s permission and default clauses?
  2. Whether the delayed suit was barred by Article 54.
  3. What refund was due after refusal of specific performance.

Provisions considered

Held

Result

Appeal allowed without costs. High Court judgment set aside and first appellate dismissal of the suit restored. Appellants directed to pay respondents Rs 1,50,000 by 1 January 2024 as lump-sum refund.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 1127.