R. RADHAKRISHNA PRASAD versus SWAMINATHAN & ANR.

R. RADHAKRISHNA PRASAD versus SWAMINATHAN & ANR.

The plaintiff proved payment of Rs.3,00,000 at the time of execution of the agreement but failed to establish by positive and corroborative evidence the subsequent payment of Rs.15,00,000; accordingly the High Court correctly modified the Trial Court's decree to allow recovery of only Rs.3,00,000 with interest and the Supreme Court dismissed the appeal.

Parties
Appellant / Plaintiff: R. Radhakrishna Prasad; Respondent No.1 / Defendant No.1: Swaminathan; Respondent No.2 / Defendant: Defendant No.2 (Bank)
Jurisdiction
India
Judgment Date
08 July 2024
Procedural Posture
Civil Appeal / Judgment on Appeal to the Supreme Court
Outcome
Appeal dismissed; High Court modification affirmed
Legal Topics
Specific Performance, Refund of Advance Sale Consideration, Ready and Willing to Pay, Mesne Profits, Equitable Mortgage, Section 20 Specific Relief Act
Specific Performance Contract Property Specific Relief Act, 1963 Refund of Advance Sale Consideration Ready and Willing to Pay Mesne Profits Equitable Mortgage +1 more

Case Brief

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Parties

R. Radhakrishna Prasad

Appellant / Plaintiff

Swaminathan

Respondent No.1 / Defendant No.1

Defendant No.2 (Bank)

Respondent No.2 / Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal to the Supreme Court

Legal Issues

  1. 1 Whether the plaintiff proved payment of Rs.3,00,000 and Rs.15,00,000 (total Rs.18,00,000) to Defendant No.1
  2. 2 Whether specific performance should be granted despite the suit property being alleged to fetch more value than the agreed sale consideration (principles under Section 20, Specific Relief Act, 1963)

Ratio Decidendi

The plaintiff proved payment of Rs.3,00,000 at the time of execution of the agreement but failed to establish by positive and corroborative evidence the subsequent payment of Rs.15,00,000; accordingly the High Court correctly modified the Trial Court's decree to allow recovery of only Rs.3,00,000 with interest and the Supreme Court dismissed the appeal.

Court Disposition

Appeal dismissed; High Court modification affirmed

Orders

  • Appeal dismissed
  • Parties shall bear their own costs