Supreme Court Clears Path for Property Sale, Sets Conditions for Execution.


16 December 2024 Sale of Property >> Property & Real Estate  

This case of C. Kumar v/s P. Rajasekaran & Another revolves around a dispute over the execution of a decree for specific performance related to a property sale agreement between the appellant, C. Kumar, and the respondents, P. Rajasekaran and R. Thilagavathi. In 2006, Kumar paid 85% of the sale consideration (Rs. 2,36,500 out of Rs. 2,82,646). However, after the decree for specific performance was passed in 2010, Kumar failed to pay the balance amount of Rs. 46,146 and execute the sale deed.

The respondents filed an application to recall the decree under Section 28 of the Specific Relief Act in 2015, claiming non-compliance by Kumar. The Madras High Court allowed this revision in 2022, ruling that the decree should be considered cancelled due to Kumar’s failure to comply.


 

 

The Supreme Court, in its judgment, noted that although Kumar had paid most of the sale amount, there was a delay in fulfilling the balance payment. The Court allowed the appeal subject to the condition that Kumar deposit an additional Rs. 7,50,000 within two months. If the payment is made, the amount already deposited along with accrued interest will be transferred to the respondents, and the sale deed will be executed. If Kumar fails to pay, the deposited amount will be returned to him, and the appeal will be dismissed.

The Court emphasized that the appellant must fulfill these conditions for the execution of the sale deed to proceed.


Section 28, Specific Relief Act - 1963  

Specific Relief Act, 1877