Case Note & Summary
The case arises from a suit for specific performance based on an Agreement to Sell dated 01.04.2004, entered into between the appellant (Defendant No. 1), who is the owner of land and building in Udhagamandalam, Nilgiris District, and Respondent No. 1 (Plaintiff No. 1). The suit property, admeasuring 1 acre 33 cents, was part of a larger parcel purchased by the appellant in 1994. The Plaintiffs, husband and wife, sought to enforce the agreement. The Trial Court (District Judge, Nilgiris) in OS No. 11 of 2006 refused specific performance by judgment dated 22.11.2007. On appeal, the Division Bench of the High Court of Judicature at Madras, in AS No. 443 of 2008, allowed the appeal on 11.10.2011, set aside the Trial Court's decree, and decreed specific performance as prayed. Aggrieved, the defendant/appellant preferred Civil Appeal Nos. 7825-7828 of 2013 before the Supreme Court. The matter was heard by a bench presided by Prashant Kumar Mishra, J. The Supreme Court's judgment examines the correctness of the High Court's reversal and the grant of specific performance. The appeal involves consideration of the contractual obligations, readiness and willingness, and the equitable discretion in granting specific relief. The final outcome and detailed reasoning are not captured in the provided excerpt.
Issue of Consideration
Whether the High Court was justified in decreeing specific performance of the agreement to sell dated 01.04.2004.
Case Details
2026 LawText (SC) (07) 50
Civil Appeal Nos. 7825-7828 of 2013
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Nature of Litigation
Suit for specific performance of agreement to sell immovable property.
Remedy Sought
Plaintiffs sought specific performance of the agreement to sell dated 01.04.2004.
Filing Reason
Plaintiffs claimed that Defendant No. 1 failed to execute the sale deed despite entering into the agreement to sell on 01.04.2004.
Previous Decisions
Trial Court refused specific performance in OS No. 11 of 2006 dated 22.11.2007. High Court of Madras in AS No. 443 of 2008 allowed appeal on 11.10.2011 and decreed specific performance.
Issues
Whether the High Court was justified in decreeing specific performance contrary to the Trial Court's findings.
Judgment Excerpts
The instant Appeals are directed against the final judgment and order dated 11.10.2011 passed by the Division Bench of the High Court of Judicature at Madras in AS No. 443 of 2008, together with MP No.1 of 2010 and MP Nos.1 and 2 of 2008.
By way of the impugned judgment, the High Court allowed the appeal and set aside the judgment and decree dated 22.11.2007 passed by the District Judge, Nilgiris, Udhagamandalam in OS No. 11 of 2006 insofar the Trial Court had refused specific performance, and thus decreed the suit for specific performance as prayed for.
The genesis of this case is the 'Agreement to Sell' entered into by Plaintiff No. 1 and Defendant No. 1 on 01.04.2004.
Procedural History
Suit for specific performance (OS No. 11 of 2006) filed before District Judge, Nilgiris. Trial Court refused specific performance on 22.11.2007. On appeal (AS No. 443 of 2008), Division Bench of High Court of Judicature at Madras allowed appeal on 11.10.2011 and decreed specific performance. Aggrieved defendant filed Civil Appeal Nos. 7825-7828 of 2013 before Supreme Court.
