BHAGWANDAS FATECHAND DASWANI Vs. H P A INTERNATIONAL A PARTNERSHIP FIRM CARRYING ON ITS BUSINESS AT NO 8C OLD NO 15/16 CASA MAJOR ROAD EGMORE MADRAS 8

JUDGEMENT

(1.) THIS appeal is directed against the decree made in C.S.No.423 of 1981 which suit was one for specific performance of an agreement dated 26.7.1977 under which all interest in a property measuring 7 grounds 100 sq ft. on Mount Road, Madras was agreed to be sold for a sum of Rs.5,50,000 to the plaintiff in the suit - HPA International, a partnership firm. The other party to the agreement is Narendra Kullama Naicker who had only a life interest in the property, the reversionary interest, in the absence of any male issue to him, being with five other females in the family, his aunt, his cousin, and his three sisters. All of them were legatees under the will of Narendra's grandfather Mouna Guruswamy Naicker, a wealthy landlord of Palani Taluk in Madurai District, who had executed a will dated 7th March, 1948, which will, after his death on 23.10.1956, had been probated in O. P. No. 14 of 1957. Narendra had taken possession of the properties from his father who was the executor of the will, on 4.12.1963.

(2.) THE reason for entering into this agreement as set out therein, was to save the estate by preventing it's forced safe for recovery of the large arrears of revenue due to local, State and Central Governments. THE vendor Narendra was, by Cl.(4) of the agreement, to obtain the sanction of this Court for "...absolute sale of the entire interest in the property inclusive of remaindermen or reversioners after the life time of the vendor...". In the event of sanction not being accorded it was provided in Clause 6 that "the agreement shall forthwith stand cancelled."

(3.) THE trial Judge relying on that affidavit at paragraph 8 of his common judgment, observed .." In view of the above affidavit filed by M/s. HPA International in C.S.No.423 of 1981, this suit CS.No.471 of 1977 has become infructuous. Further this Court cannot compel the reversioners to part with their interest". THE trial Judge proceeded to hold thus : "As such, I find that the suit C.S.No.471 of 1977 has become infructuous, and it is dismissed as infructuous accordingly. No costs". THE dismissal of that suit has become final, no appeal having been preferred by any of the parties to that suit. Sanction of the Court for the sale of all the interests in the suit property was thus not given.