NIVARTI GOVIND INGALE AND ORS. versus RAVANAGOUDA BHIMANGOUDA PATIL

NIVARTI GOVIND INGALE AND ORS. versus RAVANAGOUDA BHIMANGOUDA PATIL

Where a sale deed is taken in the name of a minor but the transaction is orchestrated and controlled by the adult, the adult is bound by an agreement of reconveyance. The objection that the agreement is not for the minor's benefit, or that court leave was not obtained, does not defeat the remedy, as the real party is the adult obtaining benefit. Any sale made during pendency of such suit is hit by the doctrine of lis pendens and the subsequent purchaser is bound by the decree for specific performance.

Parties
Appellants: Nivarti Govind Ingale and others; Respondent: Ravana Gouda Bhimangouda Patil
Jurisdiction
India
Judgment Date
18 November 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Specific Performance of Contract, Agreement of Reconveyance, Doctrine of Lis Pendens, Benefit of Minor Under Contract
Property Law Contract Law Specific Relief Specific Performance of Contract Agreement of Reconveyance Doctrine of Lis Pendens Benefit of Minor Under Contract

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Parties

Nivarti Govind Ingale and others

Appellants

Ravana Gouda Bhimangouda Patil

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the appellants are entitled to specific performance of an agreement of reconveyance where the sale deed was executed in the name of a minor without court leave.
  2. 2 Whether a subsequent purchaser is bound by the decree for specific performance under the doctrine of lis pendens.

Ratio Decidendi

Where a sale deed is taken in the name of a minor but the transaction is orchestrated and controlled by the adult, the adult is bound by an agreement of reconveyance. The objection that the agreement is not for the minor's benefit, or that court leave was not obtained, does not defeat the remedy, as the real party is the adult obtaining benefit. Any sale made during pendency of such suit is hit by the doctrine of lis pendens and the subsequent purchaser is bound by the decree for specific performance.

Court Disposition

Appeal allowed

Orders

  • Decree of the trial court restored
  • Judgments and orders of the Additional Civil Judge and High Court set aside