VidhiSangh

Supreme Court of India · 27/09/2022

MORESHAR S/O YADAORAO MAHAJAN versus VYANKATESH SITARAM BHEDI (D) THR. LRS. AND OTHERS

[2022] 7 S.C.R. 259 · 2022 INSC 1027

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Summary

A doctor who rented part of a house in Wani agreed in 1984 to buy it from his landlord for Rs. 50,000 and paid Rs. 30,000. When the landlord called it a loan, the doctor sued for specific performance against him alone, although his own plaint said the house belonged to a joint Hindu family of the defendant, his wife and three sons. Both lower courts decreed the suit. In second appeal, the High Court refused specific performance and ordered refund of the Rs. 30,000 with 9% interest. The Supreme Court dismissed the doctor's appeal. A necessary party is one against whom relief is sought and without whom no effective decree can be passed (Mumbai International Airport, Kasturi). Joint ownership was admitted and the co-owners were never impleaded despite objection, so no effective decree could issue, and the refund order was affirmed.

Issues

  1. Whether a suit for specific performance of an agreement to sell property, which the plaintiff himself pleaded was owned by a joint family, could be decreed without impleading the other co-owners.
  2. Whether the High Court in second appeal could interfere with the concurrent decree on that ground.

Provisions considered

Held

Result

Appeals dismissed. The High Court's judgment refusing specific performance and directing refund of Rs. 30,000 with 9% interest a year from the date of the suit was affirmed. No costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 259.