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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Siddamsetty Infra Projects Pvt. Ltd. – Appellant
Versus
Katta Sujatha Reddy – Respondent
JUDGMENT :
Dhananjaya Y. Chandrachud, CJI.
| Table of Contents | |
| A. | Background |
| B. | Judgments of the Trial Court, High Court and this Court |
| C. | Submissions |
| D. | Grounds for exercising review jurisdiction |
| E. | Limitation |
| F. | Specific performance |
| G. | Lis pendens |
| H. | Relief |
1. The petitioner has instituted proceedings under Article 137 of the Constitution read with Order XLVII Rule 1 of the Supreme Court Rules 2013 seeking a review of the judgment of a three-Judge Bench of this Court dated 25 August 2022. By the judgment, this Court allowed the appeal against the judgment of the High Court of Telangana dated 23 April 2021 by which the suit for specific performance was partially decreed by directing the registration of the suit property in favour of the petitioner proportionate to the extent of the consideration paid. The issue for the consideration of this Court is whether the judgment of this Court dated 25 August 2022 suffers from an error apparent on the face of the record which warrants the exercise of the review jurisdiction.
A. Background
2. On 19 March 1994, Shri Debbad Narayana, Shri Vishweswara
(1) Lis Pendens – Purpose of lis pendens is to ensure that process of court is not subverted and rendered infructuous – Section 52 of T.P. Act would apply to third-party purchaser.(2) Review Jurisdic....
(1) Agreement to sell – When a condition of a contract is breached and consequences ensue for that breach, a party cannot claim equity to escape such consequences.(2) It is nature of amendments which....
Appellate courts must uphold trial court findings unless explicitly challenged; sales during ongoing litigation violate the principle of lis pendens.
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
The doctrine of lis pendens overrides the rights of bona fide purchasers when they acquire property during pending litigation concerning the same property, as established by case law.
Agreement to sell – Suit for Specific Performance – Once sale agreement is proved and subsequent sale was during pendency of suit hit by doctrine of lis pendens, decree for specific performance can b....
Agreement to Sell – Suit for Specific Performance – There is distinction between limitation and delay and laches.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
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