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Rajinder Kumar v. Shri Kuldeep Singh and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1873 of 2014)Decided 7 Feb 2014
Civil Appeal No. 1873 of 2014
Justice C.K. Prasad · Justice Kurian Joseph

Background

A Delhi bungalow sale agreed in 1980 led to a 1984 decree requiring the sellers to complete the conveyance. Decades of delayed execution increased the property's value and the government's transfer charges substantially. The sellers sought rescission, while another claimant asserted an independent share through a pending suit.

Decision Breakdown

The Court held that the decree remained executable against the sellers' shares; its ex parte origin did not remove its force. Both sides had contributed to delay, so enforcement required an equitable adjustment. The purchaser had three months to pay the sellers at Rs. 2.15 lakh per square metre and also bear the government's unearned-increase charge. If he failed, the sellers had to pay compensation calculated at that rate within the following two months to discharge their obligations. Rajinder Kumar's appeal was dismissed, and his independent share claim remained dependent on the separate suit's outcome.

Lesson Learnt

A final property-sale decree remains enforceable, but prolonged delay and both parties' conduct can justify adjusted financial terms. Parties should promptly seek implementation directions instead of leaving an unfinished decree dormant.

Official source (sci.gov.in)View Judgment (PDF)

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