In Brief
The Supreme Court upheld the High Court's partial decree for specific performance in a complex property dispute spanning multiple suits and proceedings. The plaintiff purchased an island property in Goa under an agreement with six co-heirs, who later claimed they could not convey clear title because a seventh co-heir (the sister of three vendors) claimed a share. After the plaintiff cleared a substantial mortgage to prevent distress sale—expecting the vendors to then complete the sale—the vendors refused. The Court held that specific performance could be granted for the three-fourth share of the six vendors, while the seventh co-heir retained her one-fourth share. The decision balanced equitable principles against rigid succession law, recognizing the plaintiff's good faith performance and the vendors' culpable breach.
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