S. RANGARAJU NAIDU versus S. THIRUVARAKKARASU.

S. RANGARAJU NAIDU versus S. THIRUVARAKKARASU.

Where the prominent object of the suit is recovery of money with interest and the agreement to sell was entered primarily for recovery of debt, the Court may exercise discretion to grant alternative relief of recovery of money rather than specific performance.

Parties
Appellant: S. Rangaraju Naidu; Respondent: S. Thiruv Arakkarasu
Jurisdiction
India
Judgment Date
08 March 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal From Second Appeal Judgment of Madras High Court
Outcome
Appeal disposed of; decree modified to grant alternative relief of money recovery instead of specific performance
Legal Topics
Specific Performance, Money Lending, Collateral Security, Discretion Under Specific Relief Act
Contract Law Specific Relief Specific Performance Money Lending Collateral Security Discretion Under Specific Relief Act

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Parties

S. Rangaraju Naidu

Appellant

S. Thiruv Arakkarasu

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Second Appeal Judgment of Madras High Court

Legal Issues

  1. 1 Whether the agreement to sell land was collateral security or was for specific performance of sale
  2. 2 Whether Court should grant specific performance or alternative relief for recovery of money
  3. 3 Whether discretion exercised by trial/appellate courts in granting specific performance should be interfered with

Ratio Decidendi

Where the prominent object of the suit is recovery of money with interest and the agreement to sell was entered primarily for recovery of debt, the Court may exercise discretion to grant alternative relief of recovery of money rather than specific performance.

Court Disposition

Appeal disposed of; decree modified to grant alternative relief of money recovery instead of specific performance

Orders

  • Money decree for Rs. 21,000 with interest at 12% per annum from date of suit till recovery
  • Appellant to pay decreed amount within six months of order