In Brief
A lessee of a 99-year leasehold property executed an Agreement to Sell to a buyer who paid earnest money. The sale deed was never executed within the extended time limits. The lessee sued for cancellation and possession; the buyer sued for specific performance. The trial court dismissed the buyer's suit and decreed the lessee's claims. On appeal, the High Court set aside the lessee's decree and remanded the case, introducing sua sponte the novel ground that the agreement was a contingent contract unenforceable against a non-owner. The Supreme Court held that the High Court erred by raising a new legal basis not pleaded by any party and directing amendment. The Court allowed the appeal and remitted to the High Court to decide only the possession issue.
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