SHYAM KUMAR INANI versus VINOD AGRAWAL & ORS.

SHYAM KUMAR INANI versus VINOD AGRAWAL & ORS.

The Agreement to Sell dated 30.08.1990 was validly proved and enforceable; plaintiffs paid full consideration, took possession and established part performance under Section 53A; the suit was within limitation under the second part of Article 54; allegations of fraud, pardanashin status, vagueness and undervaluation were not proved by defendants; subsequent sale deeds executed during pendency and in violation of injunction are void; Power of Attorney holders with firsthand knowledge could testify; High Court erred in reversing the Trial Court and trial court decree is restored.

Parties
Appellant: Shyam Kumar Inani; Respondent: Vinod Agrawal & Ors.
Jurisdiction
India
Judgment Date
12 November 2024
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court From High Court Judgment
Outcome
Appeals allowed; High Court judgment and order set aside; Trial Court decree restored
Legal Topics
Specific Performance, Agreement to Sell, Power of Attorney, Possession, Lis Pendens, Pardanashin, Bonafide Purchasers, Injunction, Fraud
Specific Relief Act Transfer of Property Act Limitation Act Contract Act Evidence Specific Performance Agreement to Sell Power of Attorney +6 more

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Parties

Shyam Kumar Inani

Appellant

Vinod Agrawal & Ors.

Respondent

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court From High Court Judgment

Legal Issues

  1. 1 Validity and proof of Agreement to Sell dated 30.08.1990
  2. 2 Whether execution could be proved by a Power of Attorney holder
  3. 3 Effect of alleged pardanashin status, illiteracy and age of executant

Ratio Decidendi

The Agreement to Sell dated 30.08.1990 was validly proved and enforceable; plaintiffs paid full consideration, took possession and established part performance under Section 53A; the suit was within limitation under the second part of Article 54; allegations of fraud, pardanashin status, vagueness and undervaluation were not proved by defendants; subsequent sale deeds executed during pendency and in violation of injunction are void; Power of Attorney holders with firsthand knowledge could testify; High Court erred in reversing the Trial Court and trial court decree is restored.

Court Disposition

Appeals allowed; High Court judgment and order set aside; Trial Court decree restored

Orders

  • Restored decree of Trial Court directing defendants to execute sale deeds in favour of the appellants as per Trial Court directions
  • Four sale deeds dated 18.01.2001 executed in violation of injunction declared null and void by restoration of Trial Court decree