Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Special Relief Act 1963-Sections 16(c) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Special Relief Act, 1963-Sections 16 (c)-Specific performance of contract-Equitable relief-Grant of-Vendor executing sale deed of property in favour of vendee to repay his loan-On same day execution of another deed for reconveyance of property in favour of vendor on receipt of consideration amount-Suit for specific performance of contract for reconveyance of property sold-Held: Plea raised by vendor that transaction was mortgage, safe stood redeemed, and was discharged from debt, prayed for decree of accounting are irreconcilable with plea that he had all along been ready and willing to perform his part of contract-Further vendor stated that he was not in a position to raise any fund-Bare averment that ready and willing to pay not sufficient-Also conditional offer do not meet requirement of law-:-Moreover, deposit at appellate stage would not establish readiness and willingness. Hence, plea of specific performance of contract, cancellation of debt and/or decree for accounting inconsistent. Transfer of property Act, 1882-Mortgage by conditional sale and sale with condition of repurchase-Difference between-Discussed Deeds and documents: Transaction-Nature, determination of-Held: Nature of transaction is determined by intention of the parties, attributing circumstances, and words used therein. High Courts : Letters Patent Appeal-Scope of-Held: Entertainment of Letters Patent Appeal is discretionary-Normally Division Bench interferes with the finding of fact arrived at by Single Judge only when there exist cogent reasons-On facts, when Single Judge of High Court held the property to be properly valued, Division Bench erred in exercising its discretion in Letters Patent Appeal on the ground that the consideration amount was to be paid after a long period without any interest. First respondent entered into an agreement of sale of property with appellants for Rs 45,000 to repay his loan. Respondent executed sale deed in favour of first appellant. On the same day, parties entered into another sale agreement whereby first appellant agreed to reconvey the property in favour of first respondent on receipt of Rs 45,000 within specified period. Respondent treating the transaction as mortgage sought declaration from the Competent Authority under the Maharashtra Debt Relief Act that he is a debtor and his debt should be discharged and also sent a notice. Respondent filed suit in which alternative prayers of specific performance of agreement of reconveyance and redemption of mortgage were made. Trial Court dismissed the suit holding that the suit property was undervalued; that the transaction was one of sale and not mortgage; that suit property was not self- redeemed under the Maharashtra Debt Relief Act; and that the plaintiffs were not ready and willing to perform their part of contract. Single Judge of High Court upheld the order. However, Division Bench of the High Court allowed the Letters Patent Appeal and set aside the order of the High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 203 |
Petitioner | Umabai And Anr. |
Respondent | Nilkanth Dhondiba Chavan By Lrs. And Anr. |
SCR | [2005] 3 S.C.R. 521 |
Judgement Date | 2005-04-13 |
Case Number | 2583 |
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