In Brief
A property dispute arose when a lessee (Kanti) who held a 99-year lease executed an agreement to sell to a purchaser (Jitender) at Rs. 1,85,001. The sale deed was not executed within five months and extensions. The trial court dismissed the purchaser's suit for specific performance and decreed the lessee's suit for cancellation. The High Court set aside the lessee's decree and remanded the case, introducing a new argument that the agreement was void as a contingent contract since the lessee was not the owner. The Supreme Court held the High Court erred by raising this unpleaded issue sua sponte and set aside the remand, remitting the question of possession relief back to the High Court for decision on the respondent's appeal."
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