Case Note & Summary
The appellant, Manjushri Kabra, filed a writ appeal against an order dated 15.01.2025 passed by a learned Single Judge in W.P.No.10696/2023. The appellant had been allotted two sites (Site No. 5544 and 5573) by the Bangalore Development Authority (BDA) in Nadaprabhu Kempegowda Layout. The appellant had paid the full consideration amount and was issued a possession certificate. However, BDA failed to execute the sale deeds despite the appellant's repeated requests. The appellant filed a writ petition seeking a direction to BDA to execute the sale deeds. The learned Single Judge directed BDA to inform the appellant of the specific date on which it would execute the sale deeds and to proceed to execute them within four weeks from the date of receipt of the order. The appellant appealed, contending that the order was vague and that BDA should be directed to execute the sale deeds immediately. The Division Bench, comprising Chief Justice Vibhu Bakhru and Justice C M Joshi, allowed the appeal. The court held that since the appellant had paid the full consideration and was in possession, BDA was obligated to execute the sale deeds. The court modified the impugned order, directing BDA to execute the sale deeds within four weeks from the date of receipt of the order. The court observed that time was not of the essence in such contracts and that the appellant was entitled to specific performance.
Headnote
A) Contract Law - Specific Performance - Time Not Essence of Contract - BDA Allotment - The appellant had paid full consideration and was issued possession certificate, but BDA delayed execution of sale deeds. The court held that time was not of the essence in the contract for sale of sites by BDA, and the appellant was entitled to specific performance. The learned Single Judge's order directing BDA to inform the date of execution was modified to direct execution within four weeks. (Paras 1-5) B) Writ Jurisdiction - BDA - Execution of Sale Deeds - The court held that in the facts of the case, the writ court could direct BDA to execute sale deeds as the appellant had fulfilled all obligations and BDA had accepted the consideration. The appeal was allowed, and BDA was directed to execute sale deeds within four weeks. (Paras 1-5)
Issue of Consideration
Whether the appellant is entitled to specific performance of the contract for sale of sites by BDA despite delay in execution of sale deeds, and whether the learned Single Judge erred in directing BDA to inform the date of execution instead of directing immediate execution.
Final Decision
The appeal is allowed. The impugned order dated 15.01.2025 passed in W.P.No.10696/2023 is modified. Respondent No.2 (BDA) is directed to execute the sale deeds in respect of Sites No. 5544 and 5573 in favour of the appellant within a period of four weeks from the date of receipt of a copy of this order.
Law Points
- Specific performance
- Contractual obligation
- Time not essence of contract
- Acceptance of consideration
- Possession certificate
- Writ jurisdiction
- BDA allotment
