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by Admin
07 May 2024 2:49 AM
In a recent judgment delivered on April 19, 2024, the Andhra Pradesh High Court, led by Justice Venuthurumalli Gopala Krishna Rao, addressed complex legal issues surrounding the specific performance of a property sale agreement dated October 24, 1990.
Legal Context:
This legal battle centered on an agreement to sell land rich with mango, casuarina, blackberry, and palmyrah trees, initially executed by certain members of a joint family, who were purportedly acting as managers. The plaintiffs sought enforcement of this agreement, which was contested based on the validity and enforceability under the Specific Relief Act and the Hindu Succession Act.
Facts and Issues:
The plaintiffs claimed that an agreement was made for the sale of land at Rs.1,35,000 per acre, with the stipulation that the defendants would clear the land of trees. However, not all joint family members had signed the agreement or were minors at the time, leading to questions about the legality of the agreement and the actual authority of those who signed it.
Court's Assessment:
Authority and Participation: The agreement was not signed by all co-owners and those who signed did not have full authority to sell the joint family property, undermining the enforceability of the agreement.
Contractual Obligations and Willingness: The court observed that the plaintiffs failed to demonstrate their readiness and willingness to complete the transaction as required, which is crucial for the specific performance to be granted.
Compliance with Legal Standards: The agreement failed to meet necessary legal standards for specific performance, particularly regarding the unanimous consent of all co-owners and adherence to the procedural norms set forth in the applicable laws.
Decision: The High Court denied the specific performance of the property sale agreement due to the defective nature of the consent and authority underpinning the agreement. Nevertheless, recognizing the partial payments made by the plaintiffs, the court ruled that they were entitled to a refund of the advance payment of Rs.2,19,000 along with interest.
Date of Decision: 19th April 2024
Nagaraju Died and Others VS A Sivaramakrishna Prasad and Others
