Civil Law - Agency – Scope of Authority – Commission Note – Authority to Conclude Sale – Construed broadly – The commission note authorised the broker to “negotiate the sale” and “secure a buyer” with stipulations of title being free of encumbrances and good title – Held: Such language implied authority to conclude a binding contract of sale, not merely to introduce a prospective buyer – Subsequent conduct of parties confirmed this understanding – Broker’s acceptance of buyer’s firm offer for Rs. 1,10,000 created binding contract – Commission earned [Paras 7-8, 26-28, 44-46].

Agency – Right to Commission – Negotiating Sale and Securing Buyer – Whether dependent on actual completion at stipulated price – Not dependent – Once broker introduced buyers who made a firm offer at Rs. 1,10,000, and eventual sale was concluded with the same buyers, commission right crystallised on that basis – Principal’s unilateral reduction of price to Rs. 1,05,000 (suspected to deprive broker of dues) cannot defeat broker’s entitlement – Commission payable on Rs. 1,10,000 [Paras 5, 10-11, 22-23, 47-53].

Luxor (Eastbourne) Ltd. v. Cooper – Distinguished – Principle that commission contracts create purely contingent rights applies where commission expressly conditional upon completion – In present case, buyers actually completed purchase – Once event occurred, commission right vested – Principal cannot defeat it by lowering sale consideration – House of Lords case not applicable [Paras 11, 54-57, 59-60].

Contract Act – Sections 188, 219 – Interpretation – Section 188 permits agent to act within express/implied authority – Terms “secure a buyer” and “negotiate sale” imply power to bind principal where conditions of title and price are specified – Section 219 entitles agent to agreed remuneration upon completion of duty – Applied here in broker’s favour [Paras 26, 45-46, 51].

Evidence – Conduct of Parties – Silence as acquiescence – Respondent’s silence upon being informed of concluded bargain, coupled with subsequent clandestine sale to same buyers at reduced price, supported inference that agent acted within authority and that sale for lower figure was collusive to deprive agent of commission [Paras 20, 22, 28].

Decision – Appeal Allowed – Judgment of High Court (awarding only Rs. 1,000 commission) set aside – Decree of trial Judge restored – Appellant entitled to full commission of Rs. 6,000 with costs throughout [Paras 12, 46, 65-66].

Limitation – Execution of Decree – Article 182(3), Limitation Act, 1908 – “Review” must be undertaken and decided – Application under Section 36, Bengal Money-Lenders Act dismissed for default – No review “undertaken” or “decision passed on the review” – Time not extended – Held: Art. 182(3) inapplicable [Paras 3-4].

Limitation – Article 182(2) – “Where there has been an appeal” – Must relate to the decree under execution – Appeal from dismissal under Order IX Rule 9 CPC in collateral Section 36 proceeding does not qualify – No extension of limitation – Held: Art. 182(2) inapplicable [Para 5].

Execution – Starting Point of Limitation – Application filed more than three years after final decree – Not saved by collateral proceedings or dismissed applications – Decree time-barred [Paras 2-3, 4-5].

Decision – Appeal Dismissed – High Court upheld – Execution held barred by limitation; no costs interference warranted [Paras 6-7].

Cooperative Society Disputes – Executability of Decree – Plot Allotment – Merger/Identity – Constructions – Supreme Court upholds High Court’s refusal to treat decree as inexecutable – Photograph shows substantial open land; only a covered passage overlies Plot 5A – Passage directed to be removed and Plot 5A allotted with vacant possession – Intervening shop owners on Plots 4 & 4A protected – Appeals disposed of with directions [Paras 3.4–3.6, 7–13].

Cooperative Court Award – History of Proceedings – Member obtained award (31.03.2000) directing allotment of Plot 5A; Cooperative Appellate Court dismissed appeal (20.04.2002); High Court in W.P. No. 4441/2002 granted liberty to raise executability objections before the executing court (07.10.2006) [Paras 3.1–3.3].

Execution – Inexecutability Plea – Loss of Identity/Merger – The society’s objection that Plot 5A had merged with Plots 4 & 4A and that constructions/approvals made decree impossible was initially accepted by the executing court (27.04.2011) but reversed in appeal (16.10.2015) [Paras 3.4–3.5].

Execution – Appellate Findings – Objection untenable as (i) merger plea not raised before Cooperative fora; (ii) no competent approval of merger; (iii) constructions unauthorised; (iv) illegal structures liable to demolition and vacant possession of Plot 5A to be given [Para 3.5].

Civil Revision – High Court – Dismissal with Costs – High Court concurred with appellate court; dismissed revision with Rs 25,000 costs; conduct found frivolous/malicious [Paras 3.6–3.7].

Interventions – Third-Party Appeals/Applications – SLPs by a shop owner and intervention by other shop owners/members noted [Para 3.8].

Evidence/Fact Appreciation – Photograph – Court finds substantial portion open; only a covered passage over Plot 5A; its existence/nature undisputed; passage not integral to main building and to be removed; thereafter Plot 5A to be allotted and vacant possession handed to decree-holder [Paras 11–12].

Relief – Protection to Non-Parties – Intervening shop owners on Plots 4 & 4A unaffected; their occupation and enjoyment to remain undisturbed [Para 13].

Decision: Civil Appeals disposed of with directions; intervention applications rejected; no interference with High Court order [Para 14].