Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963 - s.16(c) - Defendant nos.1-5 entered into an agreement did. 18.1)1.1983 with the plaintiff Specific Relief Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Specific Relief Act, 1963 - s.16(c) - Defendant nos.1-5entered into an agreement did. 18.1)1.1983 with the plaintiff(respondent No.J)for sale of house in his favour -Advance moneypaid by p/plaintiff - Balance amount was to be paid at the time ofregistration of the sale deed- However; defendant nos.1 to 5 insteadof executing a sale deed in favour of !he plaintiff: executedagreement dated 4.01.1983 in favour of defendant no.6 (appellant)w.r.t the same house - Suit filed by plaintiff for specific performanceuf agreement dtd. 18.01.1983, decreed by trial court - First appealby defendant no. 6, allowed by High Court- LPA filed hy plaintiff;allowed by Division Bench - On appeal, held: Conduct of defendantnos .. 1-5 was to avoid execution of the plaintiff's agreement and tosell the suit house to defendant no.6 - This they could achieve on~vby creating an agreement which was prior to !hat of the plaintiff'sagreement - Agreement did. 18. 01.1983 between plaintiff anddefendant nos. 1-5 was a genuine and bona fide agreement while, ·agreement dtd. 04.01.1983, set up by defendant nos. I lo 6, claimingto be prior in point of time as against p/aintiff'.v agreement was abogus agreement and was created to scuttle the execution ·ofplaintiff [agreement - Further: the plaintiff' proved his readinessand willingness to perform his part of the contract - Trial caurtand Division Bench were right in decreeing the plaintiff .mil forspecific performance of the agreement did. 18.01.1983 against thedefendants - Judgement of Division Bench not interfered with.Specific Relief - Defendant nos.1-5 entered into an agreementdtd. 18.01.1983 with the plaintiff sale of a house in his favour- Advance money paid by plaintiff - However, instead of exertingthe sale deed in favour of plaintiff; the defendants executed anotheragreement in favour of defendant no. 6 w.1:t the same house andexecuted the sale deed dtd 09.1!2.1983 in favour o/ defendant no. 6-- Plaintiff· suit for specific performance of the agreement dtdI 8.f! 1.1983 eventually decreed Supreme Court - |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1015 |
Petitioner | Nadiminti Suryanarayan Murthy (dead) Through Lrs. |
Respondent | Kothurthi Krishna Bhaskara Rao & Ors. |
SCR | [2017] 11 S.C.R. 435 |
Judgement Date | 2017-10-09 |
Case Number | 5517 |
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