Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Estoppel Hindu Succession Act s.15 1956 When not attracted |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Estoppel – When not attracted – Suit property let out to plaintiff no.2 by the late father of defendant no.1 and defendant no.1 – Father of defendant no.1, represented by defendant no.1 as power of attorney, entered into an agreement to sell with the plaintiffs for Rs.1,50,000/- out of which Rs.1,00,000/- was received on the same day – Plaintiffs continued to have the possession of suit property in part performance of the agreement and stopped paying rent – Defendant no.1 received the balance sale consideration from plaintiff no.2 and undertook to execute the deed of conveyance – Defendant no.1 was postponing to execute the registered sale deed – Suit filed seeking specific performance – Trial court decreed the suit – Affirmed by the High Court – Plea of defendants-appellants that the agreement was with the father of defendant no.1 and not with defendant no.1 who did not execute agreement of his share and thus, the suit could not have been decree in toto – Held: Bare reading of the agreement makes it clear that the “Vendors” was late father of the defendant no.1 and not defendant no.1 – Defendant no.1 acted as power of attorney – Said position may indicate that plaintiffs were misled that only father of defendant no.1 was the exclusive owner of the property – However, the statement of plaintiff no.2 clearly indicates that he was well aware of the fact that the property devolved upon, in equal shares and that it was a joint family property – Ownership of the defendant no.1 was known to the plaintiffs and in spite of that they did not set up the case to bind his share – They did not plead in the plaint that defendant no.1 owned the property – In the plaint, the plaintiffs did not take the plea of estoppel and now the case was set up that property had been sold by defendant no.1 in his capacity – In view of the agreement and the admission made by the plaintiffs, decree passed by the courts below modified to the extent of 50 per cent of the shares of the late father of defendant no.1 and is set aside with respect to the remaining ½ share of the defendant no.1 – Trial court to divide the property in two equal proportions and it be given to the parties – Hindu Succession Act, 1956 – s.15 – Income Tax Act, 1961 – s.230-A. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2019 INSC 1186 |
Petitioner | SIRDAR K.B. RAMACHANDRA RAJ URS. (DEAD) THROUGH LRS |
Respondent | SARAH C. URS & ORS |
SCR | [2019] 13 S.C.R. 1069 |
Judgement Date | 2019-10-24 |
Case Number | 6049 |
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