Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act Plaintiff |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) Specific Relief Act, 1963 (47 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act, 1963 – s.16(c) – Plaintiff (since deceased) alleged that site in question was allotted in his favour – He commenced construction of building thereon – Since he did not have sufficient funds, defendants advanced money on condition of payment of interest – Plaintiff failed to pay it except for two months – Since the defendants were in need of accommodation, the plaintiff put them in possession of the schedule property by executing mortgage deed – As plaintiff could not pay the interest regularly, defendants asked him to execute a nominal sale deed – Plaintiff executed sale deed dated 23.04.1975 in favour of the defendants for Rs.35,000/- – After defendants having received Rs.35,000/- advanced by them, the plaintiff demanded that the defendants execute reconveyance deed in terms of the agreement of reconveyance dated 23.04.1975 – However, the defendants failed to execute sale deed – Plaintiff filed suit against defendants inter alia for specific performance of agreement of reconveyance dated 23.04.1975 in respect of the schedule property – Dismissed by trial court negativing plaintiff’s claim that sale deed was a nominal one obtained as a security for the amount advanced by the defendants – High Court allowed plaintiff’s appeal – Held: Real character of the transaction has to be ascertained from the provisions of the documents viewed in the light of surrounding circumstances – Since two documents were executed on the same day, the transaction cannot be a mortgage by way of conditional sale in view of the express provisions contained in s.58(c) of the 1882 Act – Perusal of recitals contained in the sale deed shows that the property was agreed to be sold absolutely for Rs.35,000/- – Since the execution of the reconveyance deed has already been established, question of holding the sale deed to be nominal cannot be accepted – Plaintiff alleged that he was ready to pay Rs.35,000/- and called upon the defendants to execute the re-conveyance deed – However, in para 11 of the plaint it is pleaded that the plaintiff was running contract business wherein he suffered heavy loss and as such he gave up the business – Mere plea that he is ready to pay the consideration, without any material to substantiate this plea, cannot be accepted – Judgment of High Court set aside and that of trial court is restored – Transfer of Property Act, 1882 – s.58(c). |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2020 INSC 143 |
Petitioner | C.s. Venkatesh |
Respondent | Murthy (d) By Lrs. & Ors. |
SCR | [2020] 2 S.C.R. 676 |
Judgement Date | 2020-02-07 |
Case Number | 8425 |
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