NDLI: Vijay A. Mittal & Ors. Vs. Kulwant Rai (dead) Thr. Lrs. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Suit hindu Joint family property Specific performance of agreement readiness and willingness Power of Karta to sell
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Indian Contract Act, 1872 (9 of 1872) Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Suit – Specific performance of agreement – Agreement dated 12.06.1979 between the plaintiffs-respondents and the defendant no.1 (now represented by his legal representatives, appellant nos. 1 to 4 and 7) for sale of the suit property for Rs.46,000/- – Plaintiffs filed suit for specific performance alleging that they paid earnest money to defendant no.1 and were ready to perform their part of the agreement, however defendant no.1 sold the suit property to defendant nos.2 and 3 (appellant nos.5 & 6, respectively) for Rs.48,000/- – Trial Court though held that the plaintiffs were ready and willing to perform their part of the agreement but, dismissed the suit – Plaintiffs filed appeal before the First Appellate Court, which was allowed – Challenged by the defendants – High Court dismissed the second appeal – On appeal, held: Finding on the issue of readiness and willingness is one of the important and relevant findings in suit for specific performance of an agreement – Once recorded, it becomes a finding of fact – When the three Courts below held against the defendants and in favour of the plaintiffs that they were ready and willing to perform their part of the agreement, this finding was binding on the High Court and also on this Court – Defendants failed to challenge its legality at the first appellate stage in appeal filed by the plaintiffs – High Court upheld it by dismissing defendants’ second appeal – Sale made by defendant no.1 in favour of defendant nos.2 and 3 was a collusive sale to avoid the agreement of the plaintiffs – The agreement dated 12.06.1979 was binding on the legal heirs of defendant no.1 – Defendants failed to make out any case for interference in the impugned judgment – With a view to end litigation between the parties, pending since 1982 and also to balance the equities amongst the parties, defendant no.1 through his legal representatives to return the sum of Rs.48,000/- to the legal representatives of defendant no.2 (appellant no.5) and defendant no.3 (appellant no.6) – Decree further modified as directed – Indian Contract Act, 1872 – s.65 – Code of Civil Procedure, 1908 – Or.22, r.4(2) – Constitution of India – Art.142 – Decree. Family Law – Joint Hindu Family Property – Powers of Karta – Held: Power of Karta to sell the Joint Hindu Family property is inherent in him – However, it is subject to certain restrictions, namely, the sale should be for the legal necessity and for the benefit of the family.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 96
Petitioner	Vijay A. Mittal & Ors.
Respondent	Kulwant Rai (dead) Thr. Lrs. & Anr.
SCR	[2019] 2 S.C.R. 507
Judgement Date	2019-01-28
Case Number	5177

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Vijay A. Mittal & Ors. Vs. Kulwant Rai (dead) Thr. Lrs. & Anr.

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Vijay A. Mittal & Ors. Vs. Kulwant Rai (dead) Thr. Lrs. & Anr.

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