Case Note & Summary
These two regular second appeals arose from cross-suits concerning an agreement of sale dated 22.03.1985 over agricultural land bearing RS No. 17/1 of Kochari village, measuring 1 acre 38 guntas. The agreement holder, Babugouda Lakhamagouda Patil, claimed to have entered into the agreement with the landowners – illiterate women – for a total consideration of Rs.60,000, paying Rs.50,000 as earnest money and allegedly being put in possession of the property. The agreement stipulated a 12-year period for completion of sale if registration expenses were shared, else 15 years. Dispute arose when the landowners filed O.S. No.202/2000 in 2000 seeking permanent injunction, alleging that the agreement holder had obtained their thumb impressions on blank documents and was interfering with their possession. The agreement holder contested, pleading the agreement and his possession since 1985. He subsequently filed O.S. No.16/2001 for specific performance, asserting readiness and willingness to pay the balance consideration of Rs.10,000. Both suits were dismissed by the trial courts – the injunction suit on 27.01.2006 and the specific performance suit on 23.02.2006. The first appellate courts affirmed the dismissals in R.A. No.21/2006 and R.A. No.35/2006, leading to the instant regular second appeals. The High Court admitted the appeals on 27.03.2014 and framed substantial questions of law: whether the lower courts erred in their findings on execution of the agreement, limitation, and possession; and whether the injunction suit was wrongly dismissed. During arguments, the agreement holder’s counsel relied on a scientific verification report confirming the thumb impressions on the agreement and contended that the suit was filed within three years from the expiry of the 15-year period, and that possession for over 38 years entitled him to relief. The landowners’ counsel argued that the agreement was surrounded by suspicious circumstances, the report did not prove the document, the ladies were illiterate and unduly influenced, and the lower court decisions were correct. The judgment text provided does not contain the court’s final decision or reasoning on the substantial questions.
Issue of Consideration
1. Whether the trial Court as well as the first appellate Court have committed a serious error in giving negative finding on issue No. 1 relating to the execution of agreement of sale by ignoring the material evidence placed on record, more particularly, when the plaintiff is in possession of the schedule property? 2. Whether both the Courts have committed a serious error in coming to the conclusion that suit filed for the relief of specific performance is barred by time and thereby the judgments are illegal and perverse? 3. Whether the trial Court as well as the first appellate Court have committed a serious error in dismissing the suit filed for the relief of injunction by ignoring the material evidence placed on record and thereby the judgments are perverse and illegal?
Case Details
2024 LawText (KAR) (07) 98
R.S.A. No.5323/2008 (SP) C/W R.S.A. No.6052/2010
Sri Sangram S Kulkarni, Sri Krishna Kumar Joshi (for Babagouda); Sri Santosh P Pujari (for owners)
Sri Babagouda Lakhamgouda Patil (Appellant in RSA No.5323/2008), Smt Dundawwa W/o Dundappa Dolli and others (Appellants in RSA No.6052/2010)
Smt Dundawwa W/o Dundappa Dolli and others (Respondents in RSA No.5323/2008), Sri Babagouda Lakhamgouda Patil (Respondent in RSA No.6052/2010)
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Nature of Litigation
Cross-appeals involving a suit for specific performance of an agreement of sale and a suit for permanent injunction over agricultural land.
Remedy Sought
The agreement holder sought specific performance of the sale agreement or alternative refund of earnest money with interest. The landowners sought a permanent injunction to restrain interference with their possession.
Filing Reason
The agreement holder entered into an agreement of sale in 1985, paid substantial earnest money, claimed possession, and after 15 years, sought to complete the sale. The landowners denied the agreement and filed for injunction in 2000, alleging the agreement holder was interfering with their possession based on fraudulent revenue entries. The agreement holder then filed for specific performance in 2001.
Previous Decisions
The trial court dismissed both suits (O.S. No. 202/2000 dismissed on 27.01.2006; O.S. No. 16/2001 dismissed on 23.02.2006). The first appellate court dismissed the respective appeals (R.A. No. 21/2006 dismissed on 27.10.2010; R.A. No. 35/2006 dismissed on 01.09.2008). Hence, the present regular second appeals were filed.
Issues
Whether the trial Court as well as the first appellate Court have committed a serious error in giving negative finding on issue No. 1 relating to the execution of agreement of sale by ignoring the material evidence placed on record, more particularly, when the plaintiff is in possession of the schedule property?
Whether both the Courts have committed a serious error in coming to the conclusion that suit filed for the relief of specific performance is barred by time and thereby the judgments are illegal and perverse?
Whether the trial Court as well as the first appellate Court have committed a serious error in dismissing the suit filed for the relief of injunction by ignoring the material evidence placed on record and thereby the judgments are perverse and illegal?
Submissions/Arguments
Agreement holder: Execution of agreement proved by scientific report; possession for 38 years; suit within limitation as cause of action arose after 21.3.2000; ready to pay balance and additional ₹1 lakh. Lower courts erred.
Landowners: Agreement suspicious; report does not prove document; illiterate ladies unduly influenced; no explanation of contents; lower courts correctly dismissed suits; dismissal of injunction suit does not aid specific performance claim.
Judgment Excerpts
The earnest money received under the said agreement was ₹50,000/- and the balance sale consideration was payable was ₹10,000/-.
the time fixed for registration of the sale deed was 12 years if the cost of registration was to be shared between the parties. If not, the agreement holder will have a right to get the registered Sale Deed after completion of 15 years.
the agreement holder is ready to pay an additional sum of ₹1.00 lakh to the owner of the suit property.
the owners of the property are illiterate ladies and admittedly the scribe has not explained the contents of the agreement nor has any information regarding the same been given and hence, there was undue influence in the execution of the said agreement.
Procedural History
O.S. No. 202/2000 (injunction) filed by landowners on 13.12.2000, dismissed on 27.01.2006. O.S. No. 16/2001 (specific performance) filed by agreement holder, dismissed on 23.02.2006. R.A. No. 21/2006 against dismissal of injunction suit dismissed on 27.10.2010. R.A. No. 35/2006 against dismissal of specific performance suit dismissed on 01.09.2008. RSA No. 5323/2008 and RSA No. 6052/2010 filed under Section 100 CPC. High Court admitted appeals on 27.03.2014 and framed substantial questions of law. Heard and reserved on 10.10.2023, judgment delivered on 19.07.2024.
Acts & Sections
- Code of Civil Procedure, 1908: Section 100, Order 42 Rule 1
