Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court

The Supreme Court, while denying the plea of specific performance for execution of the re-conveyance deed, noted that such a claim implies that the opposite party is the owner. “Therefore, taking the averments made in the plaint as correct, there was no occasion for the appellants to seek specific performance compelling the respondent to execute re-conveyance deed inasmuch as, even according to the case of the appellants as pleaded in the plaint and in evidence that the respondent had no right, title and interest in the suit property.,” Justices Abhay S. Oka and Pankaj Mithal. Pursuant to this, the Court observed that “when a prayer for specific performance of agreement for sale or an agreement to execute a re-conveyance is made in a suit and when the plaintiff seeks execution of the sale deed from the defendant, it is implicit that the plaintiff has to accept the title of the defendant.” Moving forward, the Court took note of the fact that there was a specific pleading pertaining to the 2nd plaintiff having no authority or power to transfer her share in the property to the defendant. However, in the plaint, the appellants have asserted that notwithstanding the execution of the sale deed and release deed, no right, title and interest in the suit property was transferred to the respondent and rights of the first appellant in respect of the suit property continued to exist and the appellants continued to be in possession.” Before parting, the Court also observed that the appellants had not filed any suit to declare that the sale deed was null and void.