VidhiSangh

Supreme Court of India · 19/12/2024

PARSWANATH SAHA versus BANDHANA MODAK (DAS) AND ANR.

[2024] 12 S.C.R. 1186 · 2024 INSC 1022

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Summary

The Supreme Court restored a decree for specific performance of a registered agreement of sale that the High Court had reversed on the ground of hardship to the vendor's widow and minor son, holding that hardship under Section 20(2)(b) of the Specific Relief Act, 1963 (pre-2018) is judged by circumstances at the time of the contract, that no issue on hardship had been framed, and that the evidence did not show the property was their only shelter; the balance consideration was enhanced to Rs. 20 lakh.

Issues

  1. Whether the High Court was justified in refusing specific performance on the ground of hardship to the vendor's heirs under Section 20(2)(b) of the Specific Relief Act, 1963 as it stood before the 2018 amendment.
  2. Whether a first appellate court may reverse a decree for specific performance on the ground of hardship without an issue on hardship having been framed, while concurring on all other issues.
  3. Whether the trial court had failed to frame an issue on the plaintiff's readiness and willingness.

Provisions considered

Held

Result

Appeal allowed and disposed of; the High Court's judgment set aside and the trial court's decree for specific performance restored with modification: the plaintiff to pay Rs. 20,00,000 to the defendants as balance consideration instead of Rs. 13,50,000, whereupon the defendants shall execute the sale deed.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1186.