P.C. VARGHESE versus DEVAKI AMMA BALAMBIKA DEVI AND ORS.

P.C. VARGHESE versus DEVAKI AMMA BALAMBIKA DEVI AND ORS.

Specific performance can be granted to the extent share owned by sellers can be transferred; minor's share excluded as court permission not granted. Contract is not invalid or unenforceable for failure of permission; Section 12(3) permits partial relief and proportionate consideration. Partition and separate possession are rightly allowed alongside specific performance to avoid multiplicity.

Parties
Appellant: P.C. Varghese; Respondent No. 1: Dey Aki Amma Balambika Devi; Respondent No. 2: Respondent No. 2; Respondent No. 3: Respondent No. 3; Respondent No. 4 (minor): Respondent No. 4; Respondent No. 5: Respondent No. 5
Jurisdiction
India
Judgment Date
07 October 2005
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed
Legal Topics
Specific Performance, Partition, Relief Under Specific Relief Act, Minor's Share in Property
Property Law Contract Law Specific Performance Partition Relief Under Specific Relief Act Minor's Share in Property

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Parties

P.C. Varghese

Appellant

Dey Aki Amma Balambika Devi

Respondent No. 1

Respondent No. 2

Respondent No. 2

Respondent No. 3

Respondent No. 3

Respondent No. 4

Respondent No. 4 (minor)

Respondent No. 5

Respondent No. 5

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether specific performance of sale can be ordered excluding minor's share when court permission to sell minor's share is not obtained
  2. 2 Whether partition and separate possession can be granted alongside specific performance of property sale agreement

Ratio Decidendi

Specific performance can be granted to the extent share owned by sellers can be transferred; minor's share excluded as court permission not granted. Contract is not invalid or unenforceable for failure of permission; Section 12(3) permits partial relief and proportionate consideration. Partition and separate possession are rightly allowed alongside specific performance to avoid multiplicity.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court set aside
  • Decree for partition for 3/4th share of defendants 1 to 3 in 15 cents plus 4 cents belonging absolutely to first defendant upheld