Facts
The plaintiff entered into separate agreements to sell (ATS) with the petitioners for their respective undivided shares in a property, intending to acquire the property from all co-owners.
Source reference: p. 2–6, 12–14He alleged that he had paid substantially all, or all, of the consideration due under each ATS, but the petitioners did not complete the transactions.
Source reference: p. 2–6, 12–14In Bhupinder Singh’s case, a sale deed had been executed and presented for registration, but registration was put on hold after a competing sale deed was submitted.
Source reference: p. 2–6, 12–14The plaintiff filed suits for specific performance and injunction.
Source reference: p. 2–6, 12–14The petitioners’ applications under Order VII Rule 11 CPC challenged the suits on grounds including prematurity, non-registration of the ATS, omission of consequential relief, and the bar under Section 14(b) of the Specific Relief Act, 1963 (SRA). The Trial Court rejected the applications, prompting these revision petitions.
Source reference: p. 2–6, 12–14Issues
Whether the suits were premature because the plaintiff had not acquired the shares of the other co-owners and the ATS made completion dependent on that acquisition.
Source reference: p. 6, 18–24Whether an unregistered ATS could be relied on in a suit for specific performance.
Source reference: p. 25Whether the suits were liable to be rejected for failure to seek consequential relief or possession.
Source reference: p. 6, 21, 26Whether the contracts were barred from specific enforcement under Section 14(b) SRA as requiring continuous supervision.
Source reference: p. 6, 14, 27–28Whether the Trial Court’s orders disclosed a jurisdictional error warranting revision under Section 115 CPC.
Source reference: p. 7–8, 15–17Law Applied
Section 115 CPC confines revisional jurisdiction to cases involving illegal or irregular exercise of jurisdiction; it does not permit correction of factual or legal errors unless they go to the root of jurisdiction (Ambadas Khanduji Shinde v. Ashok Sadashiv Mamurkar, (2017) 14 SCC 132; Rajeev v. Hariom Kumar, 2023 SCC OnLine Del 5027).
Source reference: p. 7–8, 15–17Under the proviso to Section 49 of the Registration Act, 1908, an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance (Ameer Minhaj v. Dierdre Elizabeth (Wright) Issar, (2018) 7 SCC 639; R. Hemalatha v. Kashthuri, 2023 INSC 381).
Source reference: p. 10, para. 25Section 22 SRA permits a claim for possession alongside specific performance; the Court relied on Manickam alias Thandapani v. Vasantha, 2022 SCC OnLine SC 2096, concerning the ancillary nature of possession relief and the proviso to Section 22(2).
Source reference: p. 9, para. 21Section 14(b) SRA concerns contracts involving a duty whose performance requires continuous supervision by the court.
Source reference: p. 10–11, paras. 27–28The Court also considered Section 34 SRA in addressing the objection that no declaration or consequential relief had been sought.
Source reference: p. 10, para. 26Reasoning
The High Court held that the plaintiff’s claim against each seller could proceed independently; the ATS did not make his right to seek performance conditional on successfully acquiring every co-owner’s share.
Source reference: p. 8–9, paras. 18–24It read Clause 3 as providing for payment of the balance after acquisition of the other shares, followed by execution of the sale deed and delivery of possession, and noted the plaintiff’s allegation that consideration had substantially been paid.
Source reference: p. 8–9, paras. 18–24Non-registration did not bar reliance on the ATS in a specific-performance suit because the Registration Act’s proviso permits its admission as evidence of the contract.
Source reference: p. 10, para. 25The Court found no basis for rejection on the consequential-relief objection, noting that the suits sought specific performance and no declaration of title was claimed; it also referred to the principles governing possession relief under Section 22 SRA.
Source reference: p. 9, para. 21; p. 10, para. 26Finally, the contracts concerned transfer of already determined undivided shares and did not require continuing court supervision, unlike the reconstruction arrangement considered in Prem Kumar Bansal v. Ambrish Garg, 2016 SCC OnLine Del 2549.
Source reference: p. 10–11, paras. 27–28No material jurisdictional irregularity was shown in the Trial Court’s orders.
Source reference: p. 7, para. 15Holding
The High Court held that the petitioners’ objections did not warrant rejection of the suits or interference under Section 115 CPC.
Both revision petitions were dismissed, and the pending applications were rendered infructuous.
Source reference: p. 11, paras. 29–30Acts & Sections Cited
5 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Specific Relief Act, 19633
Code of Civil Procedure, 19081
Registration Act, 19081
Original Court PDF
Bhupinder SinghvsAjit Pal Singh Bindra & Anr.
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