As per agreement vendor need to obtain Urban Land Ceiling permission From competent authority - Non compliance resulting into breach of agreement - Vendee entitled tod ecree of specific performance - Escalation of price not a ground for deniying specific Performance.

Citation

AIR 2020 SUPREME COURT 5041

SUPREME COURT

: AIROnline 2020 SC 778 (From : AIR 2007 (NOC) 1337 (Mad))

R. F. NARIMAN , J. and NAVIN SINHA , J.

Civil Appeal No. 13516 of 2015, D/- 12 - 10 - 2020

Ferrodous Estates (Pvt.) Ltd. v. P. Gopirathnam (Dead) and Ors.

(A)Specific Relief Act (47 of 1963), S.20(1) - Tamil Nadu Urban Land (Ceiling and Regulation)

Act (24 of 1978), S.3, S.6, S.5(3) Proviso - Suit for specific performance - Agreement to sale -

Breach of contract - As per agreement vendor need to obtain Urban Land Ceiling permission From competent authority under Act of 1978 to sell land - Non compliance resulting into breach of agreement - Said agreement to sell cannot be said to be void ab initio - Vendee entitled tod ecree of specific performance.