Agreement to sell of joint family property - Executed by D1 to D 6 - D7,D8 interested in Property not joined in agreement - purchaser discharge loan - decree in respect of D1 to D 6 property only.
Citation
CDJ 2016 SC 840
Syscon consultants p.ltd vs M/S.primella sanitory prod p.ltd
Head Note
Constitution of India, 1950 –Article 136–Code of Civil Procedure, 1908 –Inventory proceedings –Validity of –Plaintiff seeking declaration that inventory proceedings were vitiated by fraud to extent of allocation of suit property to seventh Defendant and her husband and for setting aside inventory proceedings – The Trial Court disposed of suits upholding right of seventh and eighth Defendants –Plaintiff filed First Appeal, the High Court allowed appeal in part and partly reversed the Trial Court judgment -
Court Held –Conduct of seventh and eighth Defendants also needs to be specifically commented on –Despite specifically getting reserved liberty to proceed further after redemption of property by Plaintiff, nothing is done by them –None of Defendants entered witness box despite voluminous and clinching evidence tendered by Plaintiff, obviously to avoid inconvenient questions, particularly, based on letter –In that view of matter, it is also not necessary to deal with various other contentions advanced by Senior Counsel on both sides since they have no bearing on ultimate conclusion –No substantial or grave injustice is caused to Defendants, on contrary, justice of case, on facts, is in favour of Plaintiff, and therefore, no interference under Article 136 of the Constitution is required – Appeal disposed of.
(Paras 58, 59, 60)
Cases Referred:
Kartar Singh v. Harjinder Singh and others (1990) 3 SCC 517)
Sardar Singh v. Krishna Devi (Smt) and another (1994) 4 SCC 18)
A. Abdul Rashid Khan (Dead) and others v. P.A.K.A. Shahul Hamid and others. (2000) 10 SCC 636)
Surinder Singh v. Kapoor Singh (Dead) Through Lrs. and others (2005) 5 SCC 142)
Gajara Vishnu Gosavi v. Prakash Nanasaheb Kamble and others. (2009) 10 SCC 654)
Kartar Singh v. Harjinder Singh (1990) 3 SCC 517 : AIR 1990 SC 854
Ramdas v. Sitabai and Ors. (2009) 7 SCC 444 : JT (2009) 8 SC 224
M.V.S. Manikayala Rao v. M. Narasimhaswami and Ors. AIR 1966 SC 470
Sidheshwar Mukherjee v. Bhubneshwar Prasad Narain Singh and Ors. AIR 1953 SC 487
Taherakhatoon (D) by Lrs. v. Salambin Mohammad (1999) 2 SCC 635)
Comparative Citations:
2016 (4) RCR(Civil) 590, 2016 (9) SCJ 734, 2016 (5) RAJ 557, 2016 (9) JT 267, 2016 (9) Scale 26, 2016 All SCR 2123, 2016 (3) ARC 398, 2016 AIR(SC) 4564, 2016 (7) MLJ 820, 2016 (167) ALLINDCAS 198, 2016 (4) CivCC 743, 2016 (4) JBCJ 175, 2016 (10) SCC 353, 2016 (6) AIR(Bom) R 419, 2016 (119) ALLLR 529, 2017 (1) ALD 38, 2016 AIR(SCW) 4564, 2017 (2) MAH.L.J 124, 2017 (1) WBLR 447, 2016 (4) CivLJ 694, 2016 (4) BLJ 212, 2017 (3) LW 51,
Court Held –Conduct of seventh and eighth Defendants also needs to be specifically commented on –Despite specifically getting reserved liberty to proceed further after redemption of property by Plaintiff, nothing is done by them –None of Defendants entered witness box despite voluminous and clinching evidence tendered by Plaintiff, obviously to avoid inconvenient questions, particularly, based on letter –In that view of matter, it is also not necessary to deal with various other contentions advanced by Senior Counsel on both sides since they have no bearing on ultimate conclusion –No substantial or grave injustice is caused to Defendants, on contrary, justice of case, on facts, is in favour of Plaintiff, and therefore, no interference under Article 136 of the Constitution is required – Appeal disposed of.
(Paras 58, 59, 60)
Cases Referred:
Kartar Singh v. Harjinder Singh and others (1990) 3 SCC 517)
Sardar Singh v. Krishna Devi (Smt) and another (1994) 4 SCC 18)
A. Abdul Rashid Khan (Dead) and others v. P.A.K.A. Shahul Hamid and others. (2000) 10 SCC 636)
Surinder Singh v. Kapoor Singh (Dead) Through Lrs. and others (2005) 5 SCC 142)
Gajara Vishnu Gosavi v. Prakash Nanasaheb Kamble and others. (2009) 10 SCC 654)
Kartar Singh v. Harjinder Singh (1990) 3 SCC 517 : AIR 1990 SC 854
Ramdas v. Sitabai and Ors. (2009) 7 SCC 444 : JT (2009) 8 SC 224
M.V.S. Manikayala Rao v. M. Narasimhaswami and Ors. AIR 1966 SC 470
Sidheshwar Mukherjee v. Bhubneshwar Prasad Narain Singh and Ors. AIR 1953 SC 487
Taherakhatoon (D) by Lrs. v. Salambin Mohammad (1999) 2 SCC 635)
Comparative Citations:
2016 (4) RCR(Civil) 590, 2016 (9) SCJ 734, 2016 (5) RAJ 557, 2016 (9) JT 267, 2016 (9) Scale 26, 2016 All SCR 2123, 2016 (3) ARC 398, 2016 AIR(SC) 4564, 2016 (7) MLJ 820, 2016 (167) ALLINDCAS 198, 2016 (4) CivCC 743, 2016 (4) JBCJ 175, 2016 (10) SCC 353, 2016 (6) AIR(Bom) R 419, 2016 (119) ALLLR 529, 2017 (1) ALD 38, 2016 AIR(SCW) 4564, 2017 (2) MAH.L.J 124, 2017 (1) WBLR 447, 2016 (4) CivLJ 694, 2016 (4) BLJ 212, 2017 (3) LW 51,
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