VidhiSangh

Supreme Court of India · 12/11/2024

SHYAM KUMAR INANI versus VINOD AGRAWAL & ORS.

[2024] 11 S.C.R. 2375 · 2024 INSC 865

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Summary

The Supreme Court restored the Trial Court's decrees of specific performance of six agreements to sell agricultural land near Bhopal, reversing the High Court. The plaintiffs had proved the agreements through a co-purchaser who also held their powers of attorney and had been present throughout. The heirs failed to prove forgery or that the vendor was a pardanashin lady. Under the second part of Article 54 of the Limitation Act, time ran from notice of refusal, so the suits were in time. Purchasers from the heirs took no better title than their vendors.

Issues

  1. Whether the agreements to sell executed by the deceased vendor were validly executed and proved, and whether the defendants proved their plea of forgery and fraud.
  2. Whether an adverse inference arose because most plaintiffs did not enter the witness box and relied on a power of attorney holder who was himself a co-purchaser present at the transaction.
  3. Whether the suits were barred by limitation under Article 54 of the Limitation Act, 1963, where the agreements fixed no date for performance.
  4. Whether the vendor, an elderly illiterate woman, was entitled to the protection given to a pardanashin lady when this was neither pleaded nor proved.
  5. What effect the plaintiffs' possession of the original title deed, the heirs' sale in breach of an interim injunction, and the later transfers had on the claim.

Provisions considered

Held

Result

Appeals allowed. The High Court's judgment was set aside in all six appeals and the Trial Court's decrees restored. The impleadment and intervention applications of the subsequent purchasers were allowed, and all respondents, including those newly added, were directed to execute sale deeds in favour of the appellants as the Trial Court directed. Amended memo of parties to be filed within four weeks.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 2375.