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2012 Supreme(AP) 23

B.CHANDRA KUMAR
Sammita Sri Nataraj – Appellant
Versus
Kilaru Rangaiah – Respondent


Advocates Appeared:
For the Appellants:P. Srinivas Reddy for Smt. M.S. Tirumala Rani, Parabrahma Sastry for P.N. Murthy, Advocates.
For the Respondents:R1 & R2, K. Ramesh Babu, Venkateswarlu, Advocates.

Judgement Key Points
  • GPA Holder's Authority to Alienate Property: A testatrix who executes a will bequeathing property to her minor great-grandson and simultaneously grants a General Power of Attorney (GPA) to his father (her grandson) to manage and alienate the property retains the validity of alienations made under the GPA during her lifetime, as the GPA was not revoked, and the will takes effect only upon her death. The document styled as a will is not a trust deed absent evidence of such. [2000405720017][2000405720019][2000405720020]

  • Non-Joinder of Legal Heirs Not Fatal: In a suit for specific performance against a defendant acquiring property under a will, via an agreement by the GPA holder of the testatrix, failure to join other legal heirs of the testatrix is not fatal, as the defendant claims exclusive title under the will covering the suit property. [2000405720021][2000405720022][2000405720023]

  • Genuineness of Sale Agreement: The genuineness of a sale agreement executed by the GPA holder cannot be rejected solely based on prior financial transactions between the plaintiff and GPA holder, where the agreement is proved through attestors, scribe, and admissions, without evidence of fabrication via blank papers. [2000405720024][2000405720025][2000405720027][2000405720028][2000405720029]

  • Plaintiff's Possession Accepted: Where defendants initially dispute but later admit plaintiff's forcible possession, the plaintiff's claim of possession under the sale agreement is upheld, supported by witness evidence and defendants' inconsistent lessee claims. [2000405720031][2000405720032]

  • Agreement Binding Despite Testatrix's Death: A sale agreement executed by GPA holder during testatrix's lifetime binds her successors (legatee under will), as GPA was irrevocable during her life, entire consideration was paid, and possession delivered; GPA termination post-death does not invalidate the pre-existing contract. Alienation during legatee's minority irrelevant as GPA predates will's effect. [2000405720030][2000405720033][2000405720034] (!)

  • Limitation Not Barred: Under Article 54 Limitation Act, where sale agreement fixes time for balance payment (complied with) but no fixed date for sale deed execution ("as and when demanded"), limitation runs from refusal notice (reply dated 31.10.2001), suit filed within 3 years thereafter not barred; possession and continuous readiness suffice under S.16(c) Specific Relief Act. No laches disentitling relief where defendants took false pleas. [2000405720035][2000405720036][2000405720060][2000405720061] (!)

  • Discretionary Relief Granted with Modification: Specific performance decreed against legatee (declared owner in prior suit), subject to plaintiffs paying balance consideration (Rs.1,00,000/-) plus 6% interest from 17.09.1995 to 17.10.2001 as equitable compensation for delay and value increase; first defendant not directed to execute post-GPA termination. Any pendente lite alienations void. (!) [2000405720064][2000405720067] (!)


Judgment :

Since both these appeals arise out of the common set of facts, issues involved and the parties are one and the same, they are being disposed of by this common order.

2. Both these appeals are directed against the judgment dated 27.04.2007 passed in O.S.No.88 of 2003 by the Principal District Judge, West Godavari, Eluru, whereby and whereunder, the suit instituted by the respondents herein has been decreed granting a decree of specific performance of contract with costs.

3. The first defendant before the Court below is the appellant in A.S.No.439 of 2007 and the second defendant before the Court below is the appellant in A.S.No.414 of 2007. The respondents in both the appeals are also the respondents before the Court below. For the sake of convenience, the parties will be hereinafter referred to as they were arrayed before the Court below.

Brief facts of the case

4. Acs.13.50 cents of dry land out of Acs.42.20 cents of land in R.S.No.304-1A situated at Chintalapudi Village & Sub-Division, West Godavari District is the suit schedule land, which originally belonged to one Sayani Syamalamba. Sayani Shyam Sunder Rao, Sayani Madhava Rao, Sayani Babu Nagendra Prasad, Sayani Venu

































































































































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