consideration is inadequate cannot be a ground to set aside the sale

Citation 

(2024) 2 MLJ 228

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Hon'ble Mr. Justice Lakshminarayanat

KA.No. 1009 of 2013 & M.PNo. 1 of 2013 & M.PNG, 1 of 2015

3rd january, 2024

Bhuvaneswari and Others.     Appellants 

Swariz Towraj and Other.      Respondents

 (A) Property Laws - Mandatory injunction - Cannot be granted to defeat an obligation under the Transfer of Property Act, 1882 - Transfer of Property Act, 1882, Section 55- Specific Relief Act, 1963, Section 39 - The Transfer of Property Act imposes a burden on the vendor to ensure that he conveys proper title to his purchasers and defends the title, once he has alienated the property in favour of the third party - When the Transfer of Property Act imposes a duty on the vendor, there cannot be a relief of mandatory injunction seeking cancellation of sale deeds which runs contrary to the duty imposed by a statute - A court cannot grant an equitable relief of injunction to breach a contractual obligation or duty imposed on the vendor under Section 55 of the Transfer of Property Act [Paras 22-25] Appeal allowed.

(B) Property Laws - Inadequacy of sale consideration concluded sale - Does not vitiate a -Transfer of Property Act, 1882, Section 54 - Where consideration has been paid and property has been transferred by way of a registered sale deed, the fact that the consideration is inadequate cannot be a ground to set aside the sale [Para 28] Ed: [Also see Dahiben v. Arvindbhai Kalyanji Bhanusali, (2020) 7 SCC 366]

(C) Property Laws - Mandatory injunction - Cannot be granted if the plaintiff has approached the court belatedly - Specific Relief Act, 1963, Section 39