Introduction
In Siddamsetty Infra Projects Pvt. Ltd. v. Katta Sujatha Reddy & Ors.[i], the Supreme Court reviewed its earlier judgment to address critical issues surrounding the doctrine of lis pendens under s. 52 of the Transfer of Property Act, 1882 (‘TPA’), and its interplay with limitation provisions under a. 54 of the Schedule of the Limitation Act, 1963 (‘Limitation Act’). Specifically, the Supreme Court analysed whether the doctrine of lis pendens can be invoked from the date of institution of proceedings or only after the issuance of notice by the Court. It also explored the implications of the statutory presumption under the Specific Relief Act, 1963 (‘SRA’) regarding the adequacy of monetary compensation for breach of contracts involving immovable property.
Brief Facts
The dispute arose from two agreements to sell land executed on 26.03.1997 and 27.03.1997 between the Petitioner and the Respondents. The Petitioner paid approximately 30% of the sale consideration as an advance, while the balance was to be paid within three months. The agreements required the respondents to furnish essential documents, including agricultural clearances, non-encumbrance certificates, and income tax exemption certificates, to facilitate the transaction.
The Petitioner issued a legal notice on 08.02.2000, demanding the execution of the sale deed. In their reply dated 14.04.2000, the Respondents denied payment receipt and refused execution. The petitioner issued a second legal notice on 06.07.2002, which the respondents replied to on 22.07.2002, asserting that the execution of the sale deed was barred by limitation and alleging that the Petitioner had failed to fulfil their obligations.
Subsequently, on 09.08.2002, the Petitioner filed a suit for specific performance, claiming to have paid 90% of the consideration and seeking either specific performance upon payment of the remaining amount or possession of the suit property. Alternatively, the Petitioner prayed for a refund of the amount paid with 36% annual interest. The Trial Court dismissed the suit, holding that the Petitioner failed to prove readiness and willingness under s. 16(c) of the SRA ruled that the suit was barred by limitation as it was not filed within three years of the agreed timeline.
Thereafter, the Telangana High Court[ii] reversed the Trial Court’s findings, holding that limitation under a. 54 of the Schedule to the Limitation Act began on 14.04.2000 (the date of refusal of performance) and not from the date fixed for performance. Accordingly, the High Court directed specific performance proportional to the 90% consideration allegedly paid.
However, the Supreme Court[iii] in 2022 overturned the High Court’s decision. It restored the Trial Court’s findings, ruling that the agreement explicitly made time of the essence and that the Petitioner’s delays demonstrated a lack of readiness and willingness. The Supreme Court also held the suit to be barred by limitation.
Aggrieved by this decision, the Petitioner filed the present review petition, seeking to challenge the 2022 judgment under a. 137 of the Constitution read with O. XLVII r. 1 of the Supreme Court Rules, 2013. The primary questions in the review were whether the 2022 judgment suffered from an error apparent on the face of the record and whether the doctrine of lis pendens under s. 52 of the TPA applied in the present case.
Held
The Supreme Court, upon review, found errors apparent in its earlier judgments and, therefore, recalled its earlier decision, restoring the High Court’s order.
The Supreme Court observed that although the agreement to sell was within stipulated timelines, the Respondents’ failure to perform their obligations precluded strict enforcement of those timelines. It held that the contractual terms could not be construed to disadvantage the Petitioner alone, especially when the Respondents were in breach.
With regards to the issue of limitation, it was held that the limitation period began on the date when the Respondents explicitly refused to perform the contract, as evidenced by their reply to the Petitioner’s legal notice in 2000. Therefore, the suit instituted by the Petitioner in 2002 was held to be within the limitation period.
The Supreme Court had further observed that the Petitioner demonstrated their readiness and willingness to perform the contract as required under s. 16(c) of the SRA. This was evident through the substantial payment of the consideration amount and the issuance of constant reminders to the Respondents to fulfil their obligations.
The Supreme Court reiterated the importance of the doctrine of lis pendens under s. 52 of the TPA, which bars the transfer of the suit property during the pendency of litigation to prevent the subversion of the court’s process. It further held that the doctrine applies from the date of institution of proceedings, including review petitions, irrespective of whether the court has issued notice. Therefore, any transfer made during the pendency of litigation is subject to the final result, and the transferee is bound by the outcome.
The Supreme Court also emphasized that specific performance is an equitable remedy. Therefore, it was held that considering the statutory presumption under s. 10 of the SRA (prior to the 2018 amendment), the Petitioner was entitled to specific performance as monetary compensation was inadequate for the breach of a contract to transfer immovable property. Consequently, the Petitioner was granted relief proportionate to the payment already made.
Our Analysis
The judgment highlights the importance of equitable and fact-based interpretations in matters of specific performance. The key takeaways from this decision are as follows:
Obligations under contracts must be mutual, and no party can enforce terms while evading its own duties, aligning with s. 16(c) of the SRA.
The ruling affirmed that limitation under a. 54 of the Limitation Act must be computed from the date of explicit refusal to perform, ensuring fairness in adjudication and preventing unjust denial of relief based on rigid timelines.
The invocation of s. 52 of the TPA reaffirms the doctrine of lis pendens as a safeguard against attempts to subvert judicial proceedings through property transfers during litigation, preserving the integrity of the judicial process.
Thus, this decision harmonizes statutory provisions with equitable considerations, ensuring a just outcome.
End Notes
[i] 2024 SCC OnLine SC 3214.
[ii] 2021 SCC OnLine TS 3647.
[iii] 2022 SCC OnLine SC 1079.
Authored by Prashant Singh, Advocate at Metalegal Advocates. The views expressed are personal and do not constitute legal opinions.