NDLI: Zarina Siddiqui Vs. A. Ramalingamalias R.amarnathan

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Specific Relief Act 1963 Specific performance of agreement power of attorney holder
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Specific Relief Act, 1963 (47 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Specific Relief Act; 1963 - s. 20- Specific performance of agreement - First defendant-owner of 1/3rd undivided share in the property appointed his brother-second respondent as power of attorney holder - Plaintiff's case that second respondent entered into an agreement to sell the said property to the plaintiff for certain amount- Payment of the entire consideration amount by the plaintiff, however, failure of defendants to execute sale deed in favour of plaintiff - Suit for specific performance by plaintiff- Written statement by both the defendants - Defendant no. 1 pleading that the power of attorney was given for limited purpose and denied agreement to sell in favour of plaintiff as also payment of advance consideration; and that the value of the property was much more than the price agreed between the parties - Second defendant pleading that sale agreement was obtained by the plaintiff by playing fraud - Suit for specific performance allowed by trial court, however, dismissed by the High Court- On appeal, held: Necessary ingredient has lo be proved and established by the plaintiff so that discretion to grant relief of specific performance would be exercised judiciously in favour of the plaintiff- If a party to a lis does not disclose all material facts truly and fairly but states them in distorted manner and mislead the Court, the Court has inherent power to exercise its discretionary jurisdiction in order to prevent abuse of the process of law- On the facts of the case, in view of the conduct of the defendants and considering the phenomenal increase in price during the period the matter remained pending in different courts, order passed by the trial court upheld and that of the High Court set aside, with the condition that the plaintiff would pay additional amount to the first defendant.
Judge	Hon'ble Mr. Justice M.Y. Eqbal
Neutral Citation	2014 INSC 752
Petitioner	Zarina Siddiqui
Respondent	A. Ramalingamalias R.amarnathan
SCR	[2014] 14 S.C.R. 456
Judgement Date	2014-10-29
Case Number	9947

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Zarina Siddiqui Vs. A. Ramalingamalias R.amarnathan

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Zarina Siddiqui Vs. A. Ramalingamalias R.amarnathan

Zarina Siddiqui Vs. A. Ramalingamalias R.amarnathan

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