Equitable quantification of flat-related dues led the SC to fix final payment and direct conveyancing formalities.

The SC resolved a dispute over delayed performance and disputed dues relating to an allotted flat by balancing the parties' equities and fixing a consolidated payable amount. It noted the respondent's admitted liability for certain charges and taxes, the appellant's earlier default in supplying complete documents, the wrongful alienation of the original flat despite restraint, and the appellant's carrying and upkeep costs during the intervening period. On those peculiar facts, the Court quantified the final balance to bring the controversy to an end and directed execution of the agreement to sell and sale deed after payment.

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Issues: Whether, in the circumstances of delayed performance and disputed dues concerning the allotted flat, the respondent was liable to pay the quantified balance amount claimed by the appellant and to complete execution of the agreement to sell and sale deed.

Analysis: The dispute concerned final quantification of monetary liability after the respondent had already taken possession and the appellant had earlier defaulted in providing complete documents and had wrongly alienated the original flat despite the subsisting restraint. The Court balanced the equities between the parties, took note of the respondent's admitted liability for certain charges, the taxes on consideration, the prolonged withholding of possession, and the appellant's upkeep and carrying costs during the intervening period. In these peculiar facts, the Court fixed a consolidated amount to bring finality to the controversy and directed completion of the conveyancing formalities after payment.

Conclusion: The respondent was held liable to pay the quantified sum fixed by the Court, and the parties were directed to execute the agreement to sell and sale deed after such payment.

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