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CIVIL APPEAL NO. 4072 OF 2022.
C. HARIDASAN VS. ANAPPATH PARAKKATTU VASUDEVA KURUP
Justice Shah wrote 13 pages judgment wherein he he reproduced the submissions in 12 page and then affirmed the finding of trial court.
However under Article 142 of the Constitution of India, he directed the buyer to pay an additional sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the seller.
Judgment written by Justice NAGARATHNA starts with : I regret to agree with the reasoning as well as the conclusion arrived at by His Lordship. Hence, my separate judgment.
The judgment of Justice Nagaratha is well supported by its reasoning.
Justice Nagrathna made the following points for consideration:
i) Whether the plaintiff’s conduct demonstrates readiness and willingness on his part ?
ii) Whether the Buyer has defeated the purpose of agreement for Seller by not paying above 4% of total sale consideration within time?
Justice Nagrathana points out following facts:
No attempt was made by the Buyer to measure the land in question and to decide the exact price.
The Buyer filed much after the stipulated period 6 months for payment mentioned in agreement. Legal notice was given after more than one year.
Advance of Rs. 10,000/- is a very negligible amount of the purchase price.
The Seller was in dire need for finances for his medical treatment. They sold gold jwelleries when buyer did not pay.
The buyer is a real estate agent, he enters into an agreement then finds buyer. He could not find buyer so he did not make payment. He did not pursue the agreement for over one year.
Justice Nagrathana dismissed the SLP and upheld the judgment made by High Court.
The judgment passed by Justice Ngarathana deals in very good manner on two legal aspects:
First the scope of Section 20 of Specific Relief Act dealing with discretionary power of court prior to Amendment of 2018 and after 2018.
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21 окт 2024
