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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Civil Property & InheritanceSupreme Court of India

K. Karuppuraj v. M. Ganesan

Civil Appeal · 2021 INSC 610Decided 4 Oct 2021
Civil Appeal Nos. 6014-6015 of 2021
Justice M.R. Shah · Justice A.S. Bopanna

Background

The buyer (plaintiff) and the seller (defendant) entered into an agreement to sell a property in Coimbatore for Rs. 16.20 lakhs, with the seller required to evict sitting tenants before executing the sale deed. When the seller failed to evict the tenants, the buyer sued for specific performance. The Trial Court found the buyer was "ready" but not genuinely "willing" to complete the purchase (since he had never agreed to buy the property with tenants still in it) and dismissed the suit for specific performance, ordering only a refund of the advance with interest. On first appeal, the Madras High Court reversed this and decreed specific performance, relying on a fresh affidavit the buyer filed for the first time before the High Court claiming he was now willing to take the property even with tenants.

Decision Breakdown

The Supreme Court found the High Court's judgment legally unsustainable because it had not framed "points for determination" or re-appreciated the trial evidence as required under Order XLI Rule 31 of the CPC for a first appeal, and had disposed of the matter in a "casual and perfunctory manner." More importantly, the High Court had allowed the buyer to effectively change his case through a fresh affidavit, directly contradicting his original pleadings, without a proper application to amend the plaint, which the Supreme Court held was legally impermissible. Examining the evidence itself rather than remanding the case, the Supreme Court restored the Trial Court's judgment refusing specific performance, while directing the seller to refund the advance payment with 18% interest within eight weeks.

Lesson Learnt

In a suit for specific performance of a property sale agreement, a buyer must prove both "readiness" and "willingness" to perform the deal exactly as pleaded in the original claim: a party cannot change the fundamental terms of their case through a new affidavit filed late in appeal without formally amending their pleadings.

K. Karuppuraj v. M. Ganesan – Legal Case Shots | LegalAware