CASE TITLE:
P. Ramasubbamma VsV.Vijaylakshmi&ors.
DATE OF ORDER:
11th April, 2022
JUDGE(S):
Hon’ble Justice M. R. Shah, J. and BV Nagrathana
PARTIES:
Appellant- P. Ramasubbamma
Respondent- V. Vijayalakshmi & Ors.
SUBJECT
The Supreme Court of India has ruled that once the worker admitted the execution of agreement to sell & receipt of the advance sale consideration no further evidence or proof is required thereafter.
IMPORTANT PROVISIONS
Specific Relief Act 1963.
BRIEF FACTS
- The appellant entered into an agreement with respondent no.1 for the purchase of property of worth 29 lakhs & an advance of Rs. 20 lakh was also paid by the appellant.
- The power of attorney was in the favour of defendant 2 and he was also present at the time of agreements. later the defendants approved the plaintiff for payment of 6 lakhs which plaintiff made 0n 23/03/2008.
- Thereafter despite repeated required defendant 1 didn’t executed the sale dead in favour of the plaintiff & instead defraud her.
- The trail court passed the decision of specific performance but the same was cancelled by the hon’ble High Court.
ARGUMENTS ADVANCED BY THE PETITIONER
- The learned counsel for appellant submits that the HC had committed a grave error by quashing & setting aside the decree passed by the trial court. he further contends that the original owner admitted the execution of placed on the case of Lala Durga Prasad and others vs. Lala Deep Chand and others (1954) SCR 360.
- No one appeared on the behalf of the respondents hence the court proceeded ex parte.
ANALYSIS OF THE COURT
The honourable Supreme Court held that the trial court rightly decreed the suit for specific performance of the agreement to sell. Also, the sale deeds executed by defendant No.3 &4 were not binding on the Defendant No.1 as well as plaintiff.
CONCLUSION
The Learned Court was correct in law in coming to the conclusion that the impugned judgment and order passed by the High Court was wrong and here set aside thereby succeeding the present appeal.
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