MAYAWANTI Vs. KAUSHALYA DEVI
LAWS(SC)-1990-4-1
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on April 06,1990

Mayawanti Appellant
VERSUS
KAUSHALYA DEVI Respondents


Cited Judgements :-

RANVIJAY SINGH VS. RAJA BAI [LAWS(ALL)-2014-8-168] [REFERRED TO]
BISWANATH DAS VS. KESHAB DUBEY & ORS [LAWS(CAL)-2017-12-21] [REFERRED TO]
JAGANNATH MAROTHIA VS. NORMAN WILLIAM WILSON [LAWS(CAL)-2021-5-5] [REFERRED TO]
VASANTHA AMMAL VS. BABU CHETTIAR [LAWS(MAD)-2008-10-30] [REFERRED TO]
MANJIT KAUR ETC. VS. MADAN GOPAL AND OTHERS [LAWS(P&H)-2012-12-151] [REFERRED TO]
SAVITABEN WD/O SOMABHAI HATHIBHAI PATEL VS. VIRENDRA RAMCHANDRA GANDHI [LAWS(GJH)-2022-5-14] [REFERRED TO]
S K KOCHAR VS. NIMMI SINGH [LAWS(DLH)-1997-4-86] [REFERRED TO]
USHA AGGARWAL VS. PUNJABI BAGH CO-OPERATIVE HOUSING SOCIETY LTD AND [LAWS(DLH)-2018-5-192] [REFERRED TO]
EDWIN RIBEIRO VS. PANDURANG NARAYAN SUKHTANKAR SON OF NARAYAN SUKHTHANKAR [LAWS(BOM)-2009-8-267] [REFERRED]
SHASHI MALHOTRA VS. LAKSHMAN KUMAR AGGARWAL [LAWS(DLH)-1996-7-134] [REFERRED TO]
M M RAGUNATHAN VS. M M BASIRULLA DIED [LAWS(MAD)-1999-9-84] [REFERRED TO]
SAUDARSHAN KUMAR VS. RAJ RANI [LAWS(P&H)-2003-4-59] [REFERRED TO]
M M YUSUF VS. R L JADHAV [LAWS(MAD)-2012-7-409] [REFERRED TO]
BHAWARI DEVI ACHA VS. ANJUGAM RAJ [LAWS(MAD)-1993-3-38] [REFERRED TO]
INDIA CARBON LIMITED VS. GANESH PRASAD SINGH [LAWS(CAL)-2011-9-150] [REFERRED TO]
MIRAHUL ENTERPRISES VS. VIJAY SIRIVASTAVA [LAWS(DLH)-2002-5-179] [REFERRED TO]
LALIT KUMAR SABHARWAL VS. VED PRAKASH VIJH [LAWS(DLH)-2002-9-157] [REFERRED]
B.JEEJEEBHOY VAKHARIA AND ASSOCIATES VS. SAHARA INDIA COMMERCIAL CORPORATION [LAWS(BOM)-2007-6-275] [REFERRED TO]
SHEELA GEHLOT VS. SONU KOCHAR [LAWS(DLH)-2005-9-109] [REFERRED TO]
SHEELA GEHLOT VS. SONU KOCHAR [LAWS(DLH)-2005-9-109] [REFERRED TO]
ARJAN SINGH AND ORS. VS. S.R. BAWA AND ORS. [LAWS(HPH)-2015-9-36] [REFERRED TO]
ZOSTEL HOSPITALITY PRIVATE LIMITED VS. ORAVEL STAYS PRIVATE LIMITEDAND ANOTHER [LAWS(DLH)-2022-2-227] [REFERRED TO]
TILAK RAJ BHAGAT VS. RANJIT KAUR & ORS. [LAWS(DLH)-2012-3-673] [REFERRED TO]
PARVEEN ARORA VS. RAJ KARNI MEHRA [LAWS(DLH)-2012-2-229] [REFERRED TO]
S I PVT LTD VS. INDUS IND MEDIA AND COMMUNICATIONS LTD [LAWS(APH)-2003-9-67] [REFERRED TO]
GOMI BAI VS. UMA RASTOGI [LAWS(APH)-2004-12-88] [REFERRED TO]
CTS INDUSTRIES LIMITED VS. GAMMON INDIA LIMITED [LAWS(CAL)-2019-7-174] [REFERRED TO]
BANWARI LAL VS. ANAND AND OTHERS [LAWS(RAJ)-2012-5-329] [REFERRED]
T EGAMMAI VS. RAJALAKSHMI [LAWS(MAD)-2018-10-76] [REFERRED TO]
PONNUMANY ALIAS KRISHNAN VS. V A MOHANAN [LAWS(SC)-2008-3-144] [REFERRED TO]
SHANKER SINGH VS. NARINDER SINGH [LAWS(SC)-2011-12-21] [REFERRED TO]
P A K A SHAHUL HAMID VS. A ABDUL RASHID KHAN DIED [LAWS(MAD)-1991-8-42] [REFERRED TO]
CHANDAN PHARMACEUTICALS CORPORATION REP BY ITS PARTNER L HARISHKUMAR MEHTA VS. R K JALAN [LAWS(MAD)-2018-2-240] [REFERRED TO]
N.T. Rangaswamy, Son of Sri. Thimmaiah VS. Sri. Govindaiah @ Govindappa, Since deceased by Legal representatives ((a) Gangamma, wife of Late Govindaiah [LAWS(KAR)-2012-4-84] [REFERRED TO]
Y JESU VS. S VELAYUTHAM [LAWS(MAD)-2012-8-188] [REFERRED TO]
P VELAPPAN VS. GANAPATHYAPPAN AND ORS [LAWS(MAD)-2012-8-450] [REFERRED]
HER HIGHNESS SHANTADEVI PRATAPSINHRAO GAEKWAD VS. SAVJIBHAI H PATEL [LAWS(GJH)-1998-6-4] [REFERRED TO]
NARESH BHUTANI VS. VIJAY KUMAR KHURANA [LAWS(DLH)-2007-5-3] [REFERRED TO]
NANAK BUILDERS AND INVESTORS PRIVATE LIMITED VS. VINOD KUMAR ALAG [LAWS(DLH)-1990-10-13] [REFERRED TO]
NIWAS BUILDERS VS. CHANCHALABEN GANDHI [LAWS(BOM)-2002-12-74] [REFERRED TO]
ROLTA INDIA LTD VS. MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION [LAWS(BOM)-2014-8-116] [REFERRED TO]
BIBI MEHRUN NISSA VS. MD. EHSANUL HAQUE [LAWS(PAT)-2016-3-8] [REFERRED TO]
RATANSINGH VS. MAHESH [LAWS(MPH)-2016-9-25] [REFERRED TO]
AMBALAL SARABHAI ENTERPRISE LIMITED VS. KS INFRASPACE LLP LIMITED [LAWS(SC)-2020-1-3] [REFERRED TO]
SANGAT RAM AND ANOTHER VS. HARSH KRISHAN [LAWS(HPH)-2017-12-107] [REFERRED TO]
UNION PUBLIC SERVICE COMMISSION VS. CHANDAN KUMAR [LAWS(DLH)-2015-12-581] [REFERRED]
SHIKHA MISRA VS. S. KRISHNAMURTHY [LAWS(DLH)-2014-4-41] [REFERRED TO]
RAVINDER SINGH VS. CHUCKLES KOHLI [LAWS(DLH)-2010-12-112] [REFERRED TO]
NATIONAL PROPERTIES LIMITED VS. BATA INDIA LIMITED [LAWS(CAL)-2001-5-10] [REFERRED TO]
SMT. SHYAMALI CHANDRA & ANR. VS. SMT. REBA ADAK & ORS. [LAWS(CAL)-2018-9-135] [REFERRED TO]
P PRABHAKARA RAO VS. P KRISHNA [LAWS(APH)-2006-12-103] [REFERRED TO]
RAKHAL CHAKROBORTY VS. SANJIB KUMAR ROY [LAWS(GAU)-1999-4-29] [REFERRED TO]
THE NEW INDIA ASSURANCE COMPANY LIMITED VS. DEWA PROPERTIES LTD. [LAWS(MAD)-2015-2-317] [REFERRED TO]
POTLURI BABU RAO VS. SISTLA NEELAGRIVA SASTRY [LAWS(APH)-1994-10-38] [REFERRED TO]
GHANSIRAM LAHRE VS. MADHAV DAS TANDAN [LAWS(CHH)-2011-5-21] [REFERRED TO]
AMBIENCE COMMERCIAL DEVELOPERS PVT LTD VS. STATE [LAWS(DLH)-2011-8-140] [REFERRED TO]
GULSHAN KUMAR VS. SAT NARAIN TULSIAN [LAWS(DLH)-2013-12-31] [REFERRED TO]
CHUCKLES KOHLI VS. RAVINDER SINGH [LAWS(DLH)-2012-4-135] [REFERRED TO]
A GANAPATHY VS. S VENKATESAN [LAWS(MAD)-2006-12-160] [REFERRED TO]
SYED M M RIZVI VS. SUBHASH SINGH [LAWS(ALL)-2014-4-169] [REFERRED TO]
MURUGA UDAYAR DIED VS. THIRUMALAI ENTERPRESES PARTNERSHIP FIRM [LAWS(MAD)-2011-6-357] [REFERRED TO]
SAMBHAJIRAO VS. VIMLESH KUMARI KULSHRESTHA [LAWS(MPH)-2003-3-78] [REFERRED TO]
IG BUILDERS AND PROMOTERS PVT LTD VS. AJIT SINGH [LAWS(DLH)-2011-5-274] [REFERRED TO]
ARUN BATRA VS. BIMAL DEVI THRU [LAWS(DLH)-2010-7-422] [REFERRED TO]
CONNAUGHT PLAZA RESTAURANTS PVT LTD VS. NIAMAT KAUR [LAWS(DLH)-2013-7-40] [REFERRED TO]
ENERCON (INDIA) LTD VS. ENERCON GMBH [LAWS(BOM)-2012-10-12] [REFERRED TO]
MADHAVRAO RAMCHANDRA MORE VS. RAJENDRA SAHAKARI GRIHA NIRMAN SANSTHA MARYADEET [LAWS(BOM)-2018-8-32] [REFERRED TO]
RANJIT THEODORE VS. RAMAWATAR RAM [LAWS(JHAR)-2004-5-35] [REFERRED TO]
RIZVI BUILDERS VS. ARUN SUBRAO PRABHU OF BOMBAY INDIAN INHABITANT [LAWS(BOM)-2022-1-167] [REFERRED TO]
N RAMACHANDRAN VS. M NAYANAMALAI [LAWS(MAD)-2007-4-341] [REFERRED TO]
SHIVAMMA VS. GIRIJA DEVI [LAWS(KAR)-2021-1-37] [REFERRED TO]
PAQUIRISAMY PILLAI DECEASED VS. DR LOUIS PRAKASAM KANNAIYA [LAWS(MAD)-2010-11-367] [REFERRED TO]
PONNAMMAL VS. T BALASUBRAMANIAM [LAWS(MAD)-2008-10-114] [REFERRED TO]
AVINASH CHAND SHARMA VS. TILAK RAJ BAKSHI AND ORS. [LAWS(P&H)-2015-2-383] [REFERRED TO]
DUNI CHAND VS. SHYAM LAL [LAWS(HPH)-2020-3-92] [REFERRED TO]
K. NANJAPPA VS. R.A. HAMEED AND ORS. [LAWS(SC)-2015-9-6] [REFERRED TO]
SATISH KUMAR VS. KARAN SINGH AND ANOTHER [LAWS(SC)-2016-1-80] [REFERRED TO]
RAM LAL VS. OM PARKASH [LAWS(HPH)-2021-4-6] [REFERRED TO]
HIGH WAY FARMS VS. CHINTA RAM [LAWS(DLH)-2000-3-44] [RELIED]
VINOD KUMAR SHARMA VS. VIRENDER KUMAR SHARMA [LAWS(DLH)-2014-2-102] [REFERRED TO]
SHIKHA MISRA AND ORS. VS. S. KRISHNAMURTHY [LAWS(DLH)-2016-1-43] [REFERRED TO]
ARJAN SINGH VS. S R BAWA AND OTHERS [LAWS(HPH)-2018-1-111] [REFERRED TO]
HARISON TRADERS LTD. VS. RAJ BHALLA [LAWS(DLH)-2006-7-197] [REFERRED TO]
AMARJEET SINGH VS. SHARDA ODHRAI [LAWS(DLH)-2006-9-162] [RELIED ON]
IQBAL PROPERTIES PVT. LTD VS. ATAR SINGH [LAWS(DLH)-2010-11-279] [REFERRED TO]
SUNIL KAPOOR VS. HIMMAT SINGH & ORS. [LAWS(DLH)-2008-9-299] [REFERRED TO]
SHARDA RANI CHHABADA VS. RAJJAN PRASAD (DEAD) [LAWS(CHH)-2019-1-276] [REFERRED TO]
B JEEJEEBHOY VAKHARIA AND ASSOCIATES VS. SAHARA INDIA COMMERCIAL CORPORATION LIMITED [LAWS(BOM)-2008-6-104] [REFERRED TO]
PATEL RAMESHBHAI DAHYABHAI VS. PATEL PRANAV KIRITBHAI [LAWS(GJH)-2014-8-210] [REFERRED TO]
SOM PARKASH VS. KARAM DASS [LAWS(P&H)-2008-3-99] [REFERRED TO]
U N KRISHNAMURTHY [DECEASED] VS. A M KRISHNAMURTHY [LAWS(MAD)-2017-10-374] [REFERRED TO]
REPAKA PRASAD RAO VS. MACHILLIPATNAM MUNICIPALITY [LAWS(APH)-2005-3-74] [REFERRED TO]
N K GIRIRAJA SHETTY VS. N K PARTHASARATHY SHETTY [LAWS(KAR)-2006-3-10] [REFERRED TO]
TARABEN VS. SHAILESHBHAI RANGILBHAI PATEL [LAWS(GJH)-2013-2-184] [REFERRED TO]
RUNU PRADHAN VS. STATE OF ORISSA [LAWS(ORI)-2019-9-9] [REFERRED TO]
BACCHU SINGH VS. SHIVRAM SINGH AND ORS [LAWS(RAJ)-2013-2-341] [REFERRED]
SATISH KUMAR KHANDELWAL VS. RAJENDRA JAIN [LAWS(MPH)-2020-3-33] [REFERRED TO]
S.SUNDARI VS. VADIVEL NAICKER [LAWS(MAD)-2020-6-37] [REFERRED TO]
B. N. & ASSOCIATES VS. PRAMOD KUMAR [LAWS(PAT)-2020-8-23] [REFERRED TO]
A S M BALASUBRAMANIAN VS. S P SWAMINATHAN [LAWS(MAD)-2012-3-156] [REFERRED TO]
ABDUL RASHEED VS. ABDUL HAKEEM [LAWS(APH)-1998-10-29] [REFERRED TO]
BODDU DAVID SATYANANDAM VS. BUSSA CHANDRA PAUL [LAWS(APH)-2010-4-68] [REFERRED]
SRINIVASAMURTHY T.R VS. BANGALORE DEVELOPMENT AUTHORITY [LAWS(KAR)-2021-9-296] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. SHREE TULSHI COMMERCIAL CO LTD [LAWS(CAL)-2019-3-90] [REFERRED TO]
S V R MUDALIAR OTHERS VS. RAJABU F BUHARI MRS [LAWS(SC)-1995-4-5] [RELIED ON]
V Ramanujam VS. Rajamani [LAWS(MAD)-2004-3-37] [REFERRED TO]
SALARPURIA PROPERTIES PRIVATE LIMITED VS. M S RAMAIAH DEVELOPERS AND BUILDERS PRIVATE LIMITED [LAWS(KAR)-2005-7-53] [REFERRED TO]
SAMRATHMAL JAIN VS. NAINSHUKDAS BALDEODAS A PARTNERSHIP FIRM [LAWS(MAD)-2005-10-76] [REFERRED TO]
MAN CHAND KATOCH VS. VIRENDER SPEYA [LAWS(HPH)-2018-7-76] [REFERRED TO]
RAJNI KUMAR MAHTO VS. UMA DEVI BUDHIA [LAWS(JHAR)-2004-4-3] [REFERRED TO]
SPARSH BUILDERS PVT. LTD VS. MAHARISHI AYURVEDA PRODUCTS PVT. LTD [LAWS(DLH)-2013-12-30] [REFERRED TO]
DAMYANTI DEVI VS. VIPUL INFRASTRUCTURE DEVELOPERS LTD. [LAWS(DLH)-2020-3-124] [REFERRED TO]
SMT. SHEELA GEHLOT VS. SMT. SONU KOCHAR AND ORS. [LAWS(DLH)-2006-11-270] [REFERRED TO]
SHRI ASHOK KUMAR VS. S P SINGH VERMA [LAWS(DLH)-2008-5-333] [REFERRED TO]
MOHAN LAL AHUJA VS. TARUN CHANDRA [LAWS(DLH)-2008-11-153] [REFERRED TO]
RAVINDER SINGH VS. NARESH KUKREJA [LAWS(DLH)-2009-5-298] [REFERRED TO]
SANJAY PURI VS. RADHEY LAL [LAWS(DLH)-2010-12-266] [REFERRED TO]
ANANDKUMAR JAJODIA S/O LATE BADRIPRASAD JAJODIA VS. RAM KISHAN JAJODIA DEAD THROUGH LRS [LAWS(CHH)-2019-4-128] [REFERRED TO]


JUDGEMENT

- (1.)This plaintiffs appeal by special leave is from the judgment and order dated 14/02/1984 of the High court of Punjab and Haryana in Regular Second Appeal No. 1498 of 1982, modifying those of the courts below and passing a decree for Rs. 5,000. 00 only by way of refund of earnest money instead of decree for specific performance.
(2.)The appellant herein as plaintiff filed Civil Suit Nos. 195/196 of 1973, averring, inter alia, that she had entered into an agreement dated 16/09/1971 with the respondent (defendant) for purchase of property No. B-VII-7 (old) and B-VIII-9 (new) containing 2 Kohlus of 20 H. P. electric motor etc. for a consideration of Rs. 50,000. 00 and also had paid to the defendant an earnest money of Rs. 5,000. 00; that the property was jointly owned by the defendant with her step mother-in-law Smt Lajwanti who would also join the execution of the sale deed; that if Smt Lajwanti failed to do so the respondent (defendant) would sell her half share of the property for half of the sale price; that the defendant- respondent pursuant to the agreement-delivered possession of her share of the property to the plaintiff-appellant, whereafter the plaintiff repaired the property spending Rs. 4,200. 00; that thereafter the partition was also effected between the defendant-respondent and Smt Lajwanti; that the defendant thereafter illegally took possession of the property from the plaintiff-appellant and refused to execute the sale deed in terms of the agreement dated 16/09/1971 on or before 26/09/1971 as stipulated; that as arbitration proceedings between defendant and her co-sharer Smt Lajwanti was going on the defendant took back the said agreement (styled as receipt) and thereafter refused, to execute the stipulated sale deed and in response to the plaintiffs lawyers notice dated 23/07/1971 the defendant took the false plea that the agreement did not pertain to the building but only to the machinery fitted therein. The relief prayed was a decree for specific performance of the contract,in the alternative a decree for a total sum of Rs. 16,000. 00 including the earnest money of Rs. 5,000. 00.
(3.)The defendant-respondent contested the suit on the inter alia pleas that the agreement being not scribed on a proper stamped paper was not permissible in evidence; that it was only a paper transaction executed to pressurise her co-sharer Smt Lajwanti; that no earnest money was paid; that in any case the document related only to the movable property; and that pursuant to the compromise between the parties dated 9/01/1972, the agreement was destroyed.
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