Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract Act 1872 : ss. 11 and 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract Act, 1872 : ss. 11 and 12-Contract with consent of a person of unsound mind-Unsoundness of mind-Establishing of-Held, capacity of a person to execute a conveyance has not to be established only by medical evidence-Unsoundness of mind may be established by proving such conduct as was not only not in keeping with the character of the person concerned but such that it could not be explained on any reasonable basis-In the instant case, the actions of the head of the family surreptitiously selling the residential house and depriving his entire family as also initiating criminal proceedings against his wife and children without cause are irrational ones and outcome of mental disorder-Trial court and single Judge of High Court rightly dismissed the suit of the vendee. Appeal-Assessment of evidence-Held, is inevitably subjective-If the assessment of lower courts is such that it cannot be reasonably sustained, the decision should be set aside on appeal, otherwise appellate court should be slow to interfere with a concurrent factual inference. Specific performance of contract-Parties entering into a compromise in a criminal case-Husband agreeing to gift one of the bungalows to the wife-Later, a third person claiming to have purchased the property-Suit by wife for declaration that sale was void and husband did not have absolute right to transfer the property-Held, since the agreement was never challenged either by the husband or the vendee, husband was bound by the agreement. Maxim-lnsanus est qui abjecta ratione omnia cum impetus et furore facit-Applicability of 'B', the husband of appellant No. 1 and father of the other appellants, owned three bungalows, one of which was in occupation of the appellants. In terms of a compromise arrived at between 'B' and appellant No. 1 in A a criminal case, 'B' was inter alia, to make a gift of the said bungalow to the first appellant. However, later the respondent filed a suit against the appellant and 'B' for a declaration that he was absolute and exclusive owner of the suit property; and for possession thereof, claiming that he purchased all the three bungalows from 'B' for Rs. 69,000. The appellants also filed a suit against the vendee and 'B' for a declaration that 'B' did B not have the absolute right to transfer the property to the respondent; that the sale was void and be set aside; that they were not aware of the transaction; and that 'B' was bound by the terms of the compromise in the criminal case. The trial court dismissed the suit of the "vendee holding that 'B' was mentally imbalanced, and that the sale and mutation of the property were without the knowledge of the appellants. Appellant No. 1 was directed to repay Rs. 69,000 to the vendee. The latter's appeal was dismissed by single Judge of the High Court holding that 'B' not being the sole owner of the property, could not sell the same; and that 'B' was mentally imbalanced when the sale deed was executed. However, the Division Bench allowed the vendee's appeal. Aggrieved, the wife and children of 'B' filed the present appeal. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2005 INSC 197 |
Petitioner | Sona Bala Bora And Ors. |
Respondent | Jyotirindra Bhatacharjee |
SCR | [2005] 3 S.C.R. 454 |
Judgement Date | 2005-04-11 |
Case Number | 2519 |
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