Plea of absence of title by vendor - suit by vendee, vendor is prohibited from pleading defect in title

Citation

AIROnline 2023 AP 329

Andhra Pradesh High Court

DR . V. R. K. KRUPA SAGAR , J.

SECOND APPEAL - 712 of 2018 D/- 2 - 5 -

2023

Panyam Neelavathi alias Nelamma v. Gantem Jagadeesh Kumar

Specific Relief Act (47 of 1963), S.20 -

Agreement for sale - Suit for specific

performance - Plea of absence of title by

vendor - Trial Court dismissed suit as vendor

volunteered to redeposit sale consideration

received from vendee - Trial court failed to

appreciate that in suit by vendee, vendor

is prohibited from pleading defect in title

- Plea of vendor that prohibition is only

from pleading defect in title and not from

pleading total absence of title - Not tenable

- Appellate Court rightly decreed suit for

specific performance in favour of vendee.

 (Paras 14 , 15 , 20 , 21) 

Cases Referred Chronological Paras

AIR 2005 SC 2813 : 2005

AIR SCW 2368

18

AIR 1972 AP 178 17