Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963- ss. 17 Specific Relief.Act 20(2) - Contract to sell or let property by one who has no title |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief.Act, 1963- ss. 17, 20(2) - Contract to sell or let property by one who has no title - Enforceability of - Suit for specific performance of the agreement of sale - Entitlement for decree - When agreement of sale entered between the plaintiffs-vendee and defendant nos. 1 and 2- vendor and vendor did not have absolute title to the property, there was absence of execution of the agreement of sale by the other defendants/co-sharers, and there was breach of terms and conditions of the contract on the part of the plaintiffs in not paying the sale consideration amount within the stipulated period - Held: In view of s. 17, the agreement of sale entered between the plaintiffs and some of the co-sharers who do not have the absolute title to the suit schedule property is not enforceable in law - On facts, suit schedule property was self acquired property of 'P' who died intestate, surviving by his wife, three sons and three daughters upon whom the property devolved in view of s. 8 of the Hindu Succession Act being class I legal heirs in the suit schedule property - Agreement of sale was executed only by defendant Nos. 1 and 2 - 3rd son,· mother and three sisters who got equal shares in the property did not execute the agreement of sale - Thus, agreement of sale executed by defendant Nos. 1 and 2 who had no absolute right to property cannot confer any right whatsoever upon the plaintiffs for grant of decree of specific performance of agreement of sale in their favour - Said agreement is not enforceable in law in view of s. 17 - As assured by the defendant Nos. 1 and 2 that they would get the signatures of the 3rd brother at the time of execution of the agreement, signatures were not obtained, thus, the agreement was not executed by all the co-sharers of the property- Furthermore, the plaintiffs did not approach the trial court with clean hands - Plaintiffs did not pay the sale consideration amount as agreed to be paid within the period stipulated - Thus, the order passed by the trial coμrt dismissing the suit for specific performance of agreement of sale restored with modification that the defendants would pay a sum of Rs. 6, 00, 0001- to the plaintiffs as lump-sum compensation within the stipulated time - Order passed by the High Court and first appellate court set aside - Hindu Succession Act, 1956. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 549 |
Petitioner | Pemmada Prabhakar & Ors. |
Respondent | Youngmen's Vysya Association & Ors. |
SCR | [2014] 7 S.C.R. 1064 |
Judgement Date | 2014-08-20 |
Case Number | 7835 |
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