VidhiSangh

Supreme Court of India · 26/09/2019

SMT. NARAYANAMMA & ANR. ETC. ETC. versus SRI GOVINDAPPA & ORS. ETC. ETC.

[2019] 12 S.C.R. 744 · 2019 INSC 1091

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Summary

A purchaser sought specific performance of an agreement executed during the statutory non-alienation period, following a mortgage and payment of the entire price with delivery of possession. The Court held that the transaction violated the Karnataka land-reform restriction. Both sides participated in the illegality, but the purchaser’s claim depended entirely on it. The Court restored dismissal of the suit despite the defendants’ failure to contest it by pleadings or evidence.

Issues

  1. Whether the agreement and accompanying transaction were enforceable despite the statutory transfer prohibition.
  2. Whether the absence of a pleaded defence prevented refusal of relief on illegality apparent from the evidence.

Provisions considered

Held

Result

The appeals were allowed with parties bearing their own costs. The High Court and first appellate court judgments were set aside, and the trial court’s dismissal of the specific-performance suit was restored.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 744.