VidhiSangh

Supreme Court of India · 27/11/2019

VURIMI PULLARAO S/O SATYANARAYANA versus VEMARI VYANKATA RADHARANI W/O DHANKOTESHWARRAO & ANR

[2019] 18 S.C.R. 1125 · 2019 INSC 1291

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

Summary

A purchaser sued for injunction after the seller refused performance, expressly mentioning an intended specific-performance suit but obtaining no leave to omit that relief. The Supreme Court upheld the bar against the later suit because the causes of action were identical and specific performance was already available. The earlier plaint had been admitted in evidence without objection, and no prejudice arose from the absence of a specific trial issue. Refund relief was granted to the purchasers in both connected appeals.

Issues

  1. Whether an earlier injunction suit barred a subsequent specific-performance suit founded on the same cause of action.
  2. Whether admission of the earlier plaint and awareness of the objection removed the asserted procedural prejudice.
  3. Whether refund relief should be granted despite the bar.

Provisions considered

Held

Result

Both appeals disposed of, maintaining the bar to specific performance. Earnest sums of Rs. 1,50,000 and Rs. 1,40,000 respectively were to be refunded with 9% annual interest within two months of receipt of a certified copy. Each purchaser was also entitled to return of Rs. 30,000 deposited in court with accrued interest, if any; liberty to seek further directions on default was reserved.

Judgment PDF: Supreme Court of India, [2019] 18 S.C.R. 1125.