VidhiSangh

Supreme Court of India · 07/01/2026

MUSLIMVEETIL CHALAKKAL AHAMMED HAJI versus SAKEENA BEEVI

[2026] 1 S.C.R. 395 · 2026 INSC 35

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Summary

The Supreme Court decreed specific performance of the agreement to sell for the respondent's 1/11th share in land on which a school stood. The respondent had herself sworn an undisputed affidavit dated 30 April 2013 ratifying her brother's acts as power of attorney holder and consenting to the transfer, so limitation ran from that date. Her claim that the power of attorney stood revoked in 2002 was contrary to the record, and the buyer's readiness and willingness was shown by his payment to the other eight co-sharers and the sale deed they executed. A connected interim order putting the school's management with the District Education Officer was set aside as no longer needed.

Issues

  1. Whether the unregistered power of attorney given by the respondent to her brother stood revoked in 2002 when she executed a registered power of attorney in favour of her son, so that the agreement's extensions and payments did not bind her.
  2. Whether the suit for specific performance filed in 2013 was barred by limitation.
  3. Whether the plaintiff-appellant proved his readiness and willingness to perform the agreement.
  4. Whether the High Court's interim arrangement vesting management of the school in the District Education Officer should continue (Civil Appeal No. 3895 of 2022).

Provisions considered

Held

Result

Both appeals allowed. In Civil Appeal No. 3894 of 2022 the judgments of the courts below were set aside and the appellant held entitled to conveyance of the respondent's 1/11th share. The trial court is to determine the balance consideration with reference to the original agreement price plus 9% simple interest; the appellant is to deposit it within two months of that determination, after which a registered sale deed is to be executed. In Civil Appeal No. 3895 of 2022 the High Court's interim order dated 19 November 2021 was set aside. No costs.

Judgment PDF: Supreme Court of India, [2026] 1 S.C.R. 395.