MALLURU MALLAPPA (D) THR. LRS. versus KURUVATHAPPA & ORS.

MALLURU MALLAPPA (D) THR. LRS. versus KURUVATHAPPA & ORS.

The High Court, as the first appellate court, failed to reappreciate evidence and did not comply with Order XLI Rule 31 CPC by not stating points for determination, decisions and reasons; therefore its judgment and decree are set aside and the matter is remanded to the High Court for fresh disposal in accordance with law.

Parties
Appellant Plaintiff: Malluru Mallappa (D) thr. LRs.; Respondent Defendant: Kuruvathappa & Ors.
Jurisdiction
India
Judgment Date
12 February 2020
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court Judgment (rfa No.1731 of 2006)
Outcome
Appeal partly allowed.
Legal Topics
Appeal, Order XLI Rule 31 CPC, Specific Performance, Readiness and Willingness to Perform, Limitation Period Under Article 54
Civil Procedure Property Law Contract Limitation Appeal Order XLI Rule 31 CPC Specific Performance Readiness and Willingness to Perform +1 more

Case Brief

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Parties

Malluru Mallappa (D) thr. LRs.

Appellant Plaintiff

Kuruvathappa & Ors.

Respondent Defendant

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court Judgment (rfa No.1731 of 2006)

Legal Issues

  1. 1 Whether the plaintiff proved execution of the agreement to sell dated 30.3.2000
  2. 2 Whether the plaintiff was ready and willing to perform his part of the contract
  3. 3 Whether the suit was barred by limitation under the Limitation Act, 1963 (Article 54)

Ratio Decidendi

The High Court, as the first appellate court, failed to reappreciate evidence and did not comply with Order XLI Rule 31 CPC by not stating points for determination, decisions and reasons; therefore its judgment and decree are set aside and the matter is remanded to the High Court for fresh disposal in accordance with law.

Court Disposition

Appeal partly allowed.

Orders

  • Judgment and decree of the High Court in RFA No.1731 of 2006 dated 09.02.2012 set aside
  • Matter remanded to the High Court for fresh disposal in accordance with law