Legal Aspects of Business
Section D, Group 5 12P205 – Karthik K Baradhwaj 12P206 – Kartik Maheshwari 12P207 – Kaushik Mukherjee 12P208 – Kawaljeet Singh 12P209 – Kumar Abhinav 12P210 – Love Kumar
Supreme Court of India
Deokabai (Smt) (Appellant) vs Uttam (Respondent) on 27 July, 1993 Equivalent citations: JT 1993 (4) SC 374, 1993 (3) SCALE 255, (1993) 4 SCC 181
Author: M M Punchhi Bench: M Punchhi, Y Dayal
Facts of the Case:
1. The appellant herein Deokabai is an aged widow residing in a portion of a house with her daughter and grand children. On 18.1.79 she entered into an agreement to sell that portion of the house in her possession with Uttam, the respondent. The total sale consideration was fixed at Rs. 48,000/- out of which Rs. 5,000/- was paid to her as earnest money. The agreement for sale was reduced to writing. 2. Before registration of the sale deed of the house in Uttam’s name, permission of the competent authority, Nagpur, was necessary. Therefore, Deokabai shall immediately take steps to obtain the permission. After the date of getting the permission from the competent authority, when Deokabai would get another suitable house then she would get the sale deed of this house registered in Uttam’s name. 3. The entire cost of registration of the sale deed of the house shall be borne by Uttam. In case there is any complication or difficulty in getting the sale deed of the house registered in Uttam’s name or in case it becomes legally impossible for Deokabai to get the sale deed of the house registered in Uttam’s name, then Deokabai shall pay back to Uttam the amount of Rs. 5,000/- with interest thereon. Deokabai shall not put forth any excuse for the same.
So far as the present agreement for sale was concerned, she took the step of applying for necessary permission to the Competent Authority, Nagpur on March 3, 1979. The requisite permission for selling the house was granted to her in the month of May, 1979. On...
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