Supreme Court Reports
[2024] 7 S.C.R. 22 : 2024 INSC 463
Issue for consideration
Appellant-plaintiff filed suit for specific performance of the agreement of sale and in the alternative prayed for refund of the advance sale consideration of Rs.18,00,000/- (initial advance sale consideration of Rs. 3,00,000/- and additional sum of Rs. 15,00,000/), mesne profits etc. with interest. Trial Court denied specific performance however, directed the defendant no.1 to refund Rs.18,00,000/- to the plaintiff with interest. High Court modified the decree and allowed the plaintiff to recover only Rs.3,00,000/- with interest. Whether the plaintiff proved payment of Rs. 3,00,000/- initially and another sum of Rs.15,00,000/- totalling to Rs.18,00,000/- to the defendant no.1.
Headnote
Specific performance – Suit for specific performance of the agreement of sale – Alternative prayer for refund of the advance sale consideration of Rs.18,00,000/- by defendant no.1 was made which was allowed by Trial Court – High Court allowing the appeal filed by the defendant no.1 modified the decree and allowed the plaintiff to recover only Rs.3,00,000/- with interest – Correctness:
Held: Both the Courts below found that payment of Rs.3,00,000/on the date of agreement was duly proved in the evidence of PW-1 and PW-3 – The bone of contention between the parties was the payment of additional advance consideration of Rs.15,00,000/as evidenced by exhibit A-1(a) endorsement – Considering the entire evidence, the plaintiff has proved payment of advance sale consideration of Rs. 3,00,000/- at the time of execution of the agreement – However, the case of the plaintiff as to the subsequent payment of Rs.15,00,000/- was not established by positive evidence as rightly held by High Court – No substance in the appeal. [Paras 11-13]
Keywords:
Specific performance · Suit for specific performance of the agreement of sale · Balance sale consideration · Ready and willing to pay · Advance sale consideration · Alternative prayer for refund of advance sale consideration · Specific relief of the agreement of sale declined · Specific performance denied · Decree for refund of money
As published in the Supreme Court Reports, Supreme Court of India.
Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs),
CC BY 4.0.
Full Judgment Text
Judgment
Prashant Kumar Mishra, J.
This appeal would call in question the Judgment and decree of the High Court of Kerala by which the High Court has allowed the appeal preferred by the defendant no. 1 and modified the decree passed by the Trial Court whereby, in a suit for specific performance, the Trial Court had directed the defendant no. 1 to refund a sum of Rs. 18,00,000/- (Rs. Eighteen Lakhs only) to the plaintiff. Under the impugned Judgment, the High Court has allowed the plaintiff to recover only a sum of Rs. 3,00,000/- (Rs. Three Lakhs only) with 12% interest per annum from the dat
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