Case Note & Summary
The case involves a second appeal filed by the original defendant, Rajubai w/o. Atmaram Dagade, against the judgment and decree of the lower appellate court which affirmed the trial court's decree for specific performance of an agreement for sale dated 2nd June 1975 in favour of the original plaintiff, Dashrath Shripati Bhusare (Respondent No.1). The agreement stipulated that the appellant was to obtain permission to sell the suit land from the Sub Divisional Officer, and the sale deed was to be executed within two months from obtaining such permission. The appellant contended that the agreement was not genuine and was unenforceable. The High Court framed a substantial question of law as to whether the courts below erred in affirming the genuineness and enforceability of the agreement. After hearing the counsel, the Court allowed the appeal, holding that the agreement was not genuine and enforceable, thereby setting aside the decrees of the courts below.
Headnote
A) Specific Performance - Agreement for Sale - Genuineness and Enforceability - The substantial question of law was whether the courts below erred in affirming the genuineness and enforceability of the agreement for sale dated 2nd June 1975 executed by the Appellant in favour of the Respondent No.1, in the light of the facts and circumstances of the case. The Court held that the agreement was not genuine and enforceable, and allowed the appeal. (Paras 1-2) B) Specific Performance - Agreement for Sale - Permission to Sell - The agreement for sale contained a condition that the Appellant was to obtain permission to sell the suit land from the Sub Divisional Officer, and the sale deed was to be executed within two months from the date of obtaining permission. The Court considered the failure to obtain such permission as a factor affecting enforceability. (Para 3)
Issue of Consideration
Whether the courts below erred in affirming the genuineness and enforceability of the agreement for sale set up by the Respondent in the light of the facts and circumstances of the case.
Final Decision
The High Court allowed the second appeal, setting aside the judgment and decree of the lower appellate court and the trial court, and dismissed the suit for specific performance.
Law Points
- Specific performance
- agreement for sale
- genuineness of document
- burden of proof
- permission to sell
- Section 16(c) Specific Relief Act
- 1963
