Raman (Dead) By LRs. vs R. Natarajan
(2022) SCC online SC 1212; (2022) SCC online SC 1212
Coram: Hon’ble Justice Indira Banerjee & Hon’ble Justice V. Ramasubramanian
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 6554 of 2022 (@ Special Leave Petition (C) NO.25554 of 2018
Date of Decision: September 11, 2022

Facts/Background:


  • The Appellants were the legal representatives of the original defendant, Raman(Dead), who allegedly entered into an Agreement of Sale dated 19.06.1993 for the sale of 76 cents of land but denied executing the agreement and other obligations.
  • The Respondent (plaintiff) claimed to have entered into the Agreement of Sale with the defendant for Rs.1,44,000, paid the entire consideration in instalments, and sought specific performance of the agreement after alleged breaches by the defendant.
  • The Respondent filed a suit for specific performance as the defendant denied executing the agreement, receiving payments, and fulfilling obligations despite the plaintiff's readiness and willingness to perform his part.
  • The suit was filed in O.S. No.360 of 2008 before the First Additional District Munsif, Salem. The Trial Court held that the agreement was valid, the suit was not barred by limitation, and the plaintiff was granted specific performance.
  • The First Appellate Court reversed the decision, finding that the endorsements were not sufficiently proved. The Respondent failed to show readiness to perform, and the suit was barred by limitation.
  • The High Court, upon framing the substantial question of law, held that the First Appellate Court erred in rejecting the endorsements and restored the Trial court decision.
  • Aggrieved by the High Court's decision, the Appellant's legal representatives filed the appeal before this court.

Main Issue:

  • Whether the High Court erred in granting specific performance when the agreement required the defendant to enter into and enforce a contract with a third party?