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Supreme Court of India · 15/04/2019

DR. MANOHAR GANAPATHI RAVANKAR versus GURUNANDA RAIKAR

[2019] 6 S.C.R. 51 · 2019 INSC 526

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Summary

The Supreme Court maintained refusal of specific performance because the purchaser had not established readiness and willingness, but reduced the money decree to the admitted Rs 26,000 advance. The High Court had speculatively inferred an additional Rs 6.75 lakh payment from delivery of title deeds despite the absence of reliable particulars or proof. Only the admitted advance was ordered refunded, with simple interest at 9% annually from payment until realisation.

Issues

  1. Whether the purchaser was entitled to specific performance despite the adverse readiness-and-willingness finding.
  2. Whether alleged additional payment could be inferred from possession of title documents.
  3. What refund and interest were justified.

Held

Result

Purchaser’s appeal dismissed and vendor’s appeal allowed. Vendor directed to refund Rs 26,000 with simple interest at 9% per annum from payment until realisation, replacing the larger money decree; specific performance refused.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 51.