Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal – Maintainability |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Appeal – Maintainability of – When defendants were eitherdeleted from array of parties or dead and whose legalrepresentatives had not been brought on record – Appellants-plaintiffs filed two suits for partition of properties (Schedule A andB), out which one was also for eviction of defendants Nos. 26 to125 & 127 – Will pertaining to Schedule A property was executedin favour of ‘V’ by one ‘SP’ (brother of V’s grandfather) – AnotherWill pertaining to Schedule B property was executed in favour of‘V’ by his father (Plaintiff ‘L’) – Defendant Nos. 5 to 125 & 127who had purchased the Schedule B property from ‘V’, relied uponWill/bequest executed for benefit of ‘V’ – Suits for partition ofproperties were dismissed by the trial Court and confirmed by thefirst appellate Court and the High Court – One of the respondents,namely ‘S’ filed a suit for specific performance of an agreement ofsale of Schedule A property – The suit for specific performancewas ultimately decreed against the appellants – Appellants contendedthat ‘V’ didn’t have any right, title or interest over the suit propertiesto the full extent and the Courts below were not justified inconcluding that the bequests (Wills) relied upon by the defendantsin respect of the properties in question were proved – Respondentscontended that appeals were not maintainable since a number ofdefendants against whom the relief was sought/claimed were eitherdeleted from the array of parties, or were dead – On appeal, held:All three Courts concurrently on facts have concluded that Wills forbenefit of ‘V’ were proved and also, the reasons assigned andconclusions arrived at in respect of proof of both the Wills were justand proper – Since ‘V’ was the sole owner of the properties byvirtue of Wills, he had right to alienate the properties – DefendantsNos. 5 to 125 and 127 has purchased the properties for valuableconsideration from ‘V’ – Courts below were justified in concludingthat sales made in favour of defendants Nos. 5 to 125 and 127 werejust and proper – Thus, there were no reasons to interfere with thefindings of the Courts below – Furthermore, ‘V’ the vendor of theproperties, had entered the witness box before the trial Court andsupported all his alienations in favour of the defendants – Therefore,the Division Bench of High Court rightly decided against theappellants and granted the decree for specific performance – Insofaras maintainability of these appeals are concerned, decree passedin favour of defendants who were either deleted or dead and whoselegal representatives had not been brought on record had attainedfinality – In case these appeals are allowed in respect of otherdefendants, the decree to be passed in these appeals would conflictwith decree already passed in favour of other defendants – Courtcannot be called upon to make two inconsistent decrees about samesubject matter – Thus, appeals not maintainable – Code of CivilProcedure, 1908 – Or. XXII, r.4. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2018 INSC 1113 |
Petitioner | Sunkara Lakshminarasamma (d) By Lrs. |
Respondent | Sagi Subba Raju & Others Etc. |
SCR | [2018] 14 S.C.R. 222 |
Judgement Date | 2018-11-28 |
Case Number | 4380-4382 |
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