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Thursday, July 16, 2015

Sec.22, 27 of Specific Relief Act - Specific Performance of sale agreement - contingent sale agreement - it was specifically mentioned that the sale also be subject to your (defendants) being able to settle with your labour - Trial court dismissed the suit - Appellant court order for refund of amount with interest - Apex court held that The agreement for sale is a contingent agreement depending upon obtaining permission under Section 22 and Section 27 of the ULC Act, property being converted from industrial zone to residential use and settlement with the labour and the labour agreeing to the sale contemplated therein. If any of the conditions are not fulfilled, the respondents were not bound to complete the sale and the appellant was only entitled for return of the money with interest @ 18% per annum from the date of refusal of any of the permission or consent or agreement mentioned above. -2015 S.C.MSK LAW REPORTS

Sec.22, 27 of Specific Relief Act - Specific Performance of sale agreement - contingent sale agreement - it was specifically mentioned that the  sale also be subject to your (defendants) being able to settle with  your  labour - Trial court dismissed the suit - Appellant court order for refund of amount with interest - Apex court held that The agreement for sale  is  a  contingent  agreement  depending  upon  obtaining
permission under Section 22 and Section 27 of the ULC  Act,  property  being converted from industrial zone to residential use and  settlement  with  the labour and the labour agreeing to the sale contemplated therein.  If any  of the conditions  are  not  fulfilled,  the  respondents  were  not  bound  to complete the sale and the appellant was only  entitled  for  return  of  the
money with interest @ 18% per annum from the date of refusal of any  of  the
permission or consent or agreement mentioned above. -2015 S.C.MSK LAW REPORTS

In
the agreement dated 19.10.1977, it was specifically mentioned that the  sale
also be subject to your (defendants) being able to settle with  your  labour
and your labour agreeing to the sale contemplated herein and if you are  not
able to settle with your labour and to get them to agree to the sale  herein
contemplated you will not be bound to complete the sale.  
The moment  labour
do not agree to the sale contemplated, under the terms of the contract,  the
respondents were not bound to complete the  sale.  
The  maximum  period  of
nine (9) months does not mean that once the  labour  had  declined  to  give
their consent for the proposed sale, the contract subsists for a  period  of
nine (9) months and  it  cannot  be  terminated  before  that  period.  
 The
agreement for sale  is  a  contingent  agreement  depending  upon  obtaining
permission under Section 22 and Section 27 of the ULC  Act,  property  being
converted from industrial zone to residential use and  settlement  with  the
labour and the labour agreeing to the sale contemplated therein.  
If any  of
the conditions  are  not  fulfilled,  the  respondents  were  not  bound  to
complete the sale and the appellant was only  entitled  for  return  of  the
money with interest @ 18% per annum from the date of refusal of any  of  the
permission or consent or agreement mentioned above. 
 As in the present  case
we find that the Mill Mazdoor  Sabha  has  not  given  its  consent  to  the
proposed sale, agreement for sale could not  have  been  performed  and  had
ceased.
The appellant is only entitled to refund of the amount  along  with
interest @ 18% per annum stipulated therein.
 In view of the above, we are of the considered opinion that  the  High
Court was right in setting aside the decree passed by learned  single  Judge
of the High Court.
We do not find any merit in these  appeals,  hence,  the
appeals  fail  and  are  hereby  dismissed  with  no  order  as  to   costs.
Interlocutory Applications, if any, are disposed of accordingly.
   

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