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2016 Supreme(SC) 1683
SUPREME COURT OF INDIA
Ranjan Gogoi, N.V. Ramana, JJ.
Ravinder Nath Saini – Appellants
Versus
Poddar Construction Company Pvt. Ltd. & Anr. – Respondents
I.A. Nos.3-4 of 2016 In Civil Appeal Nos. 13411-13412 of 2015, Review Petition (C) Nos. 1445-1446 of 2016 In Civil Appeal Nos.13411-13412 of 2016, Review Petition (C) Nos.176-177 of 2016 In Civil Appeal Nos.13413-13414 of 2015
Decided On : 28-04-2016
For the Appellants :Mr. Sudhir Chandra, Sr. Adv., S.S. Ray, Ms. Rakhi Ray, S.P. Kalra, Sr. Adv., Sumit Kumar, Ms. Kumari Supriya, Anil Kumar, Ms. Anupama Kaul, Gopal Subramaiam, Sr. Adv., Lalit Chauhan, Ritesh Isaac, Ms. Anupama kaul, Pratik Chaddha, (For M/s. Parekh & Co.), Advocates
For the Respondents:S.P. Kalra, Sr. Adv., Sumit Kumar, Ms. Kumari Supriya, Anil Kumar, Ms. Anupama Kaul, Gopal Subramaiam, Sr. Adv., Lalit Chauhan, Ritesh Isaac, Ms. Anupama kaul, Pratik Chaddha, (For M/s. Parekh & Co.), Advocates
The court has the jurisdiction to modify its previous order and decree the suit for specific performance and cancellation of sale deeds.
Headnote:
Review Petition - Civil Appeal - The court found no error or infirmity in the order dated 17th November, 2015 and dismissed the review petitions. The court also modified its previous order to decree the suit for specific performance and cancel the sale deeds executed in favor of Ms. Sabina Jajodia.
Fact of the Case:
The court heard the counsels for the contesting parties and considered the entire materials on record. It found no error or infirmity in the previous order and dismissed the review petitions. The court also modified its previous order to decree the suit for specific performance and cancel the sale deeds executed in favor of Ms. Sabina Jajodia.
Finding of the Court:
The court found no error or infirmity in the previous order and dismissed the review petitions. It also modified its previous order to decree the suit for specific performance and cancel the sale deeds executed in favor of Ms. Sabina Jajodia.
Issues: The issues involved the review of the previous order and the decree of the suit for specific performance and cancellation of sale deeds.
Ratio Decidendi: The court found no error or infirmity in the previous order and exercised its jurisdiction to modify the order to decree the suit for specific performance and cancel the sale deeds.
Final Decision: The review petitions were dismissed, and the court modified its previous order to decree the suit for specific performance and cancel the sale deeds executed in favor of Ms. Sabina Jajodia.
ORDER :
Review Petition (C) Nos.1445-1446 of 2016 In Civil Appeal Nos.13411-13412 Of 2015 and Review Petition (C) Nos.176-177 of 2016 In Civil Appeal Nos.13413-13414 of 2015
We have heard the learned counsels for the contesting parties at length. We have considered the entire materials on record. On such consideration we are of the view that there is no error or infirmity in the order dated 17th November, 2015 passed in Civil Appeal Nos. 13411-13412 of 2015 and Civil Appeal Nos. 13413-13414 of 2015 so as to justify review/recall of the said order in the exercise of the review jurisdiction of this court. The Review Petitions are consequently dismissed.
I.A. Nos.3-4/2016 In Civil Appeal Nos.13411-13412 of 2015
2. We have heard the learned counsels for the contesting parties. The prayer for cancellation of the sale deeds (Exhibit DW2/2 and Exhibit DW2/3) executed in favour of Ms. Sabina Jajodia has been specifically prayed for in the suit filed by the applicant - appellant Ravinder Nath Sahni as the plaintiff in addition to the relief for specific performance. The said relief was granted by the learned trial Court but reversed by the High Court in appeal. As we had set aside the order of the High Court and decreed the suit of the plaintiff - Ravinder Nath Sahni and dismissed the suit filed by Ms. Sabina Jajodia, as plaintiff, for possession, we ought to have further decreed the suit of Ravinder Nath Sahni for cancellation of the two sale deeds in question.
3. Accordingly, we modify our order dated 17th November, 2015 to decree the suit for specific performance filed by the applicant - appellant Ravinder Nath Sahni and cancel the sale deeds (Exhibit DW2/2 and Exhibit DW2/3) executed in favour of Ms. Sabina Jajodia. The jurisdictional Sub-Registrar shall cancel the sale deeds (Exhibit DW2/2 and Exhibit DW2/3) and shall make necessary entries in the relevant revenue records.
4. I.A. Nos. 3-4 of 2016 are allowed in the above terms.
