A C ARULAPPAN Vs. AHALYA NAIK
LAWS(SC)-2001-8-180
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
August 10,2001
A.C.ARULAPPAN
Appellant
VERSUS
AHALYA NAIK
Respondents
Referred Judgements :-
DAMACHERLA ANJANEYULU VS. DAMCHERLA VENKATA SESHAIAH [REFERRED .]PARAK UNNAN VEETILL JOSEPHS SON MATHEW VS. NEDUMBARA KURUVILAS SON [REFERRED .]
LOURDU MARI DAVID VS. LOUIS CHINNAYA AROGIASWAMY [REFERRED .]
GOBIND RAM VS. GIAN CHAND [REFERRED]
Cited Judgements :-
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Y.V.APARNA VS. PANCHAPPA [LAWS(KAR)-2019-10-123] [REFERRED TO]
B BORAIAH S/O BORALINGAIAH AND ORS VS. MADAIAH SINCE DEAD AND ORS [LAWS(KAR)-2012-10-284] [REFERRED]
KRISHNA GOPAL PANDEY VS. BANS BAHADUR SINGH [LAWS(ALL)-2003-2-110] [REFERRED TO]
SAIPEM S P A VS. JINDAL DRILLING AND INDUSTRIES LTD [LAWS(BOM)-2003-2-66] [REFERRED TO]
RAGHUNATH FULAJI JADHAV VS. RAJENDRA DINKARRAO PATIL [LAWS(BOM)-2007-2-25] [REFERRED TO]
MADHAVAN VS. THANKAM [LAWS(KER)-2006-12-535] [REFERRED TO]
ISHAR DASS VS. BHAGATI DEVI [LAWS(HPH)-2011-3-136] [REFERRED TO]
SOM PARKASH VS. KARAM DASS [LAWS(P&H)-2008-3-99] [REFERRED TO]
GRETA MANI AND MINOR NAVIN KUMAR,REP. BY MRS. GRETA MANI VS. R. NAGAPPAN, [LAWS(MAD)-2002-6-141] [REFERRED TO]
G JANOBAI VS. V N DEVADOSS [LAWS(MAD)-2012-3-29] [REFERRED TO]
CHHANDSI ABROL VS. M.T. RANGASWAMY [LAWS(KAR)-2017-8-37] [REFERRED TO]
SUKHMANDER SINGH AND ORS. VS. MANDEEP SINGH AND ORS. [LAWS(P&H)-2014-5-726] [REFERRED TO]
GARUDA CHIT AND TRADING CO P LTD VS. CORAMANDEL INDAG PRODUCTS P LTD [LAWS(MAD)-2003-2-128] [REFERRED TO]
ARUNACHALA MUDALIAR VS. JAYALAKSHMI AMMAL [LAWS(MAD)-2003-1-19] [REFERRED TO]
JASPAL SINGH VS. R.S. PURI [LAWS(P&H)-2013-7-889] [REFERRED TO]
N. BASUVARAJ VS. GULLAMMA [LAWS(MAD)-2024-1-140] [REFERRED TO]
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NAVANEETHAKRISHNAN VS. DHARADEVI [LAWS(MAD)-2022-4-210] [REFERRED TO]
PERIASAMY VS. MANOHARAN AND ORS. [LAWS(MAD)-2015-6-260] [REFERRED TO]
SRINIVASAMURTHY T.R VS. BANGALORE DEVELOPMENT AUTHORITY [LAWS(KAR)-2021-9-296] [REFERRED TO]
AMAR KAUR AND ORS. VS. LASHU RAM AND ORS. [LAWS(P&H)-2010-12-162] [REFERRED TO]
NAZAM SINGH VS. RAKESH KUMAR [LAWS(P&H)-2012-2-20] [REFERRED TO]
KIRPAL SINGH VS. KARNAIL RAM [LAWS(P&H)-2013-10-96] [REFERRED TO]
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PUSHPA HURRIA VS. JASVINDER SINGH [LAWS(DLH)-2015-3-566] [REFERRED TO]
M.ALI BAIG VS. KOTTALA SANJEEVA REDDY [LAWS(APH)-2013-12-67] [REFERRED TO]
MEHDI HUSSAIN KHAN VS. NUSRAT HASAN [LAWS(APH)-2003-7-3] [REFERRED TO]
BISAHU SON OF JAGESHWAR SAHU VS. PURUSHOTTAM VAISHNAV [LAWS(CHH)-2015-9-55] [REFERRED]
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BHASKAR CHANDRA JANA VS. BARENDRA NATH BERA [LAWS(CAL)-2004-2-98] [REFERRED TO]
RAM MILAN VS. JAGDISH [LAWS(ALL)-2013-4-182] [REFERRED TO]
SHANKARLAL BIJREJA VS. ASHOK B AHUJA [LAWS(CHH)-2010-10-15] [REFERRED TO]
VED PARKASH KHARBANDA VS. VIMAL BINDAL [LAWS(DLH)-2013-3-76] [REFERRED TO]
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SURESH KUMAR LAL VS. LALTI DEVI [LAWS(PAT)-2011-1-45] [REFERRED TO]
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GRAG MARTIN DISTILLERY PRIVATE LIMITED VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2003-9-135] [REFERRED TO]
SHIV CHARAN DAS VS. CHARAN LAL [LAWS(ALL)-2013-8-67] [REFERRED TO]
KRISHNA DEVI VS. SHIKSHA DEVI [LAWS(ALL)-2020-1-388] [REFERRED TO]
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BHEEMRAO VS. KRISHNA [LAWS(KAR)-2014-4-163] [REFERRED TO]
P K JAYAKUMAR VS. R PADAMCHAND JAIN [LAWS(MAD)-2008-9-198] [REFERRED TO]
SH. DHARAM PAL VS. SH. SANT RAM AND ORS. [LAWS(HPH)-2010-1-110] [REFERRED TO]
E C CHANDRAN VS. VARKEY OMMAN S/O OMMEN CHACKO [LAWS(KER)-2015-9-200] [REFERRED]
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ANAPPATH PARAKKATTU VASUDEVAKURUP VS. C. HARIDASAN [LAWS(KER)-2021-11-120] [REFERRED TO]
VASUDEVAKURUP VS. HARIDASAN [LAWS(KER)-2021-11-136] [REFERRED TO]
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RAMAMANI VS. PITCHAIMANI [LAWS(MAD)-2017-2-121] [REFERRED TO]
P VIJAYA LAKSHMI VS. B BALAIAH [LAWS(APH)-2011-2-92] [REFERRED TO]
DEEPAK SINGLA VS. KANTA NAGPAL [LAWS(DLH)-2018-10-397] [REFERRED TO]
MOHAMMAD IBRAHIM VS. MOHD YUSUF [LAWS(ALL)-2007-5-289] [REFERRED TO]
MALHAN CONSTRUCTION VS. N.K. GUPTA [LAWS(RAJ)-2009-3-35] [REFERRED TO]
GURMAIL SINGH VS. NACHHATTAR SINGH [LAWS(P&H)-2015-10-427] [REFERRED]
VELUYUDHAN SATHYADAS VS. GOVINDAN DAKSHYANI [LAWS(SC)-2002-3-127] [REFERRED TO]
KANWALJIT SINGH AND ANOTHER VS. FULJIT KUMAR AND OTHERS [LAWS(P&H)-2016-8-9] [REFERRED TO]
DIWAN CHAND VS. KULDIP KUMAR MEHTA [LAWS(P&H)-2007-12-62] [REFERRED TO]
FAROOQUE DADABHOY VS. USHA S BHAT [LAWS(MAD)-2014-6-266] [REFERRED TO]
G ANBAZHAGAN VS. G MANOHARAN [LAWS(MAD)-2013-8-157] [REFERRED TO]
G.SUNDARRAJ VS. MEENAKSHI [LAWS(MAD)-2012-8-230] [REFERRED TO]
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KUMARASAMY GOUNDER VS. S KRISHNAPRASAD [LAWS(MAD)-2018-6-436] [REFERRED TO]
MARIYAMMA W/O THALIYATH PAILOTH @ POULOSE VS. SHAJI S/O CHELAKKATTU KOCHAPPAN [LAWS(KER)-2018-6-309] [REFERRED TO]
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POPATJI BABJI THAKOR VS. MANUBHAI CHIMANLAL SHAH [LAWS(GJH)-2008-12-53] [REFERRED TO]
MIDNIGHT MERCHANTS PRIVATE LIMITED VS. JULIEN EDUCATIONAL TRUST [LAWS(CAL)-2008-5-57] [REFERRED TO]
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ARJUN PRASAD VS. GANESH PRASAD [LAWS(ALL)-2023-7-81] [REFERRED TO]
INDIA FINANCIAL ASSN VS. M A UNNEERIKUTTY [LAWS(SC)-2006-7-95] [REFERRED TO]
SHAMSHER SINGH VS. RAJINDER KUMAR [LAWS(SC)-2014-4-109] [REFERRED TO]
DHARA SINGH VS. FATEH SINGH [LAWS(RAJ)-2009-4-10] [REFERRED TO]
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JUDGEMENT
K. G. Balakrishnan, J. -
(1.)Leave granted.
(2.)Defendant in a suit for specific performance is the appellant before us. The appellant and the respondent-plaintiff entered into an agreement on 1-5-1977 whereby the appellant agreed to sell his RCC building with appurtenant land for a consideration of Rs. 85,000/-. The respondent paid a sum of Rs. 42,000/- as advance.The plaint schedule property was outstanding on two mortgages - one in favour of the Karnataka Government and another in favour of Pragathi Co-operative Bank Ltd. The appellant was also liable to pay a sum of Rs.8,000/- to one Lakshmamma. In the agreement, it was stated that the appellant intended to sell the property to clear the loans outstanding in respect thereof. No time limit was stipulated for execution of sale deed. The plaint schedule house was in occupation of a tenant. According to the respondent, the appellant again executed another agreement on 10-12-1977 wherein some more terms and conditions were incorporated. As per that agreement, the appellant was to execute the sale deed on or before 16-1-1978. The respondent alleged that she had all along been ready and willing to perform her part of the contract but the appellant failed to execute the sale deed on 16-1-1978 though she was present in the Sub-Registrar's Office for execution of the sale deed. The respondent filed a suit within a week thereafter and sought for specific performance of the contract.
(3.)The appellant contended that the respondent was not entitled to seek specific performance. He admitted the agreement entered into by him on 1-5-1977, but alleged that the consideration agreed to by him was Rs. 98,000/- and not Rs. 85,000/-. The appellant also alleged that the City Improvement Trust Board had not granted permission to sell the property and that he could not get the income-tax clearance certificate from the competent authority for the sale of the property. He also alleged that the respondent resiled from the contract and requested for refund of the advance amount and that in that behalf she wrote two letters on 27-9-1977 and 1-11-1977. The appellant further alleged that the respondent wanted to revoke the agreeent dated 1-5-1977 and for that purpose the respondent and her husband took the appellant to their tax consultant where the appellant was forced to sign certain papers. The appellant alleged that the agreement dated 10-12-1977 was vitiated by coercion and threat.
(2.)Defendant in a suit for specific performance is the appellant before us. The appellant and the respondent-plaintiff entered into an agreement on 1-5-1977 whereby the appellant agreed to sell his RCC building with appurtenant land for a consideration of Rs. 85,000/-. The respondent paid a sum of Rs. 42,000/- as advance.The plaint schedule property was outstanding on two mortgages - one in favour of the Karnataka Government and another in favour of Pragathi Co-operative Bank Ltd. The appellant was also liable to pay a sum of Rs.8,000/- to one Lakshmamma. In the agreement, it was stated that the appellant intended to sell the property to clear the loans outstanding in respect thereof. No time limit was stipulated for execution of sale deed. The plaint schedule house was in occupation of a tenant. According to the respondent, the appellant again executed another agreement on 10-12-1977 wherein some more terms and conditions were incorporated. As per that agreement, the appellant was to execute the sale deed on or before 16-1-1978. The respondent alleged that she had all along been ready and willing to perform her part of the contract but the appellant failed to execute the sale deed on 16-1-1978 though she was present in the Sub-Registrar's Office for execution of the sale deed. The respondent filed a suit within a week thereafter and sought for specific performance of the contract.
(3.)The appellant contended that the respondent was not entitled to seek specific performance. He admitted the agreement entered into by him on 1-5-1977, but alleged that the consideration agreed to by him was Rs. 98,000/- and not Rs. 85,000/-. The appellant also alleged that the City Improvement Trust Board had not granted permission to sell the property and that he could not get the income-tax clearance certificate from the competent authority for the sale of the property. He also alleged that the respondent resiled from the contract and requested for refund of the advance amount and that in that behalf she wrote two letters on 27-9-1977 and 1-11-1977. The appellant further alleged that the respondent wanted to revoke the agreeent dated 1-5-1977 and for that purpose the respondent and her husband took the appellant to their tax consultant where the appellant was forced to sign certain papers. The appellant alleged that the agreement dated 10-12-1977 was vitiated by coercion and threat.
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