Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pleadings-Inconsistent pleas-Plaintiff suing for specific performance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Pleadings-Inconsistent pleas-Plaintiff suing for specific performance alleging that money was paid as price-Defendant pleading th.at money was received as loan-Plaintiff's case not proved-whether decree can be given for recovery of money as loan on defendant's plea. Though the court would not grant relief to the plaintiff on a call¢ for which there was no foundation in the pleadings and which the other side was not called upon or had no opportunity to meet, yet, when the alternative· case which the plaintiff could have made was not only admitted by the defendant in his written statement but was expressly put forward as an answer to the claim ·which the plaintiff made in the suit, there would be nothing improper in giving the plaintiff a decree upon the case which the defendant himself makes. In such circumstances, when no injustice can possibly result to the defendant, it may not be proper to . drive the plaintiff to a separate suit.The plaintiff brought a suit for specific performance of an agreement to sell a house alleging that he had paid Rs. 30,000 towards the price and had been put in possession in part performance of the contract, but the defendant pleaded that the amount of Rs. 30,000 was received as a loan and the plaintiff was put in possession only to facilitate payment of interest, and the court found that the defendant's plea was true : Held, that a decree could be passed in favor of the plaintiff for recovery of the sum of Rs. 30,000 and interest remaining due under the agreement of loan pleaded by the defendant, even though the plaintiff had not: set up such a case and it was even inconsistent with the allegations in the plaint. |
Judge | Honble Mr. Justice Bijan Kumar Mukherjea |
Neutral Citation | 1951 INSC 9 |
Petitioner | Srinivas Ram Kumar |
Respondent | Mahabir Prasad And Others |
SCR | [1951] 1 S.C.R. 277 |
Judgement Date | 1951-02-09 |
Case Number | 82 |
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