Supreme Court Upholds Decree for Specific Performance; Unilateral Cancellation Not Permitted
The Supreme Court upheld the decree for specific performance, ruling that a suit for specific performance is maintainable without a declaratory relief against a unilateral termination when the agreement is not determinable in nature. The subsequent purchasers were held not to be bona fide purchasers for value without notice under Section 19(b) of the Specific Relief Act, 1963.
Facts Of The Case:
On 28.04.2000, the original vendors executed an unregistered Agreement to Sell (ATS) in favour of the original vendees for agricultural land in Karnataka. The vendees paid a substantial part of the consideration and performed their obligations, including getting the land converted and tenants relocated. In 2003, the original vendors issued a unilateral termination notice citing pending litigation...
