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Judges : VARGHESE KALLIATH
ALI ROWTHER - Appellant
Versus
KOCHUPENNU - Respondent
Case No : C.R.P. No. 846 of 1985-D
Decided On : 04/02/1986
Advocates Appeared :
C.K. Koshy; Thomas Koshy; For Petitioner M. Krishnan Nair; For Respondents
specific performance - execution - S.19 of the Specific Relief Act, S.55(1) of the Transfer of Property Act - The court discussed the principles of specific performance and the obligations of subsequent purchasers with notice of the contract. It emphasized the equitable nature of specific performance and the obligation of subsequent purchasers to deliver possession of the property. The court also referred to relevant case law and statutory provisions to support its decision.
Fact of the Case:
The plaintiff filed a suit for specific performance to restrain the defendants from alienating the property. The suit was decreed, and the sale deed in favor of the 4th defendant was set aside. The execution court ordered delivery of the property from the 4th defendant. The 4th defendant challenged this order in revision.
Finding of the Court:
The court found that the 4th defendant, as a subsequent purchaser with notice of the contract, was bound by the obligations of the decree for specific performance, including the delivery of possession to the plaintiff.
Issues: The main issue was whether the 4th defendant, as a subsequent purchaser, was obligated to deliver possession of the property pursuant to the decree for specific performance.
Ratio Decidendi: The court relied on the principles of specific performance, statutory provisions such as S.19 of the Specific Relief Act and S.55(1) of the Transfer of Property Act, and relevant case law to establish the obligations of subsequent purchasers with notice of the contract.
Final Decision: The court dismissed the revision petition and upheld the execution court's order for delivery of the property from the 4th defendant to the plaintiff.
Key Points: - The judgment holds that a subsequent purchaser with notice of the contract is bound by the obligations of the decree for specific performance, including delivery of possession to the plaintiff. (!) (!) (!) - The proper form of a decree in specific performance may direct the subsequent transferee to join in the conveyance to pass title to the plaintiff, and the executing court has the power to issue necessary directions to give full effect to the decree. (!) (!) (!) (!) - The executing court's duty is to implement the decree to give possession or delivery of property to the decree holder, even when the decree does not explicitly name possession against the subsequent transferee, by aligning with the contract and equitable principles. (!) (!) (!) - The liability and obligations of the subsequent purchaser with notice are recognized under trust and property law principles, making them subject to the contract and to deliver possession as necessary to give effect to the contract. (!) (!) (!) - The court may treat the decree as enabling steps to deliver possession and ensure the title passes to the plaintiff, avoiding separate suits for possession where appropriate. (!) (!) (!)
1. This revision arises from an order in execution. A decree in a suit for specific performance is sought to be executed.
2. The facts are these: Plaintiff filed the suit O. S.21/80 to restrain the defendants in the suit from alienating the decree schedule property. When the plaintiff came to know of the fact that the property had already been sold, the suit was withdrawn and a fresh suit O. S.32 of 1980 was filed. In this suit, the plaintiff prayed for setting aside the sale deed executed by the defendants 1 to 3 in favour of the 4th defendant and for giving effect to the agreement which enabled the plaintiff to obtain a sale deed in his favour from defendants 1 to 3.
3. The suit was decreed. The sale deed in favour of the 4th defendant by defendants 1 to 3 was set aside. The court directed defendants 1 to 3 to execute a sale deed in favour of the plaintiff. This decree of the trial court was confirmed by the appellate court.
4. The 4th defendant-revision petitioner is taking up the position that even though the sale deed in his favour stands set aside and the other defendants are obliged to execute a sale deed, he has no obligation deliver possession of the property and that the execution court has no jurisdiction to order delivery of possession of the property. The execution court considered this question chapter and verse. It did not accept the contention raised by the 4th defendant. Ordered delivery of the property from the 4th defendant. The 4th defendant brings up for investigation the order, under the revisional jurisdiction of this court.
5. The learned counsel for the revision petitioner submits that the proposition that in a case where the decree for specific performance even if silent about the delivery of possession, the decree implicits itself a direction to the execution court to disgorge the possession of the judgment-debtor or the judgment-debtors as the case may be, and to deliver up possession to the decree holder is a principle not applicable to the decree that is being executed in this case and not binding to the 4th judgment-debtor. He elaborates his arguments by saying that in this case, the 4th defendant is not a contracting party and as such he has no obligation to deliver up possession of the property. He says that the proposition that though the decree in a suit for specific performance does not specifically mandate delivery of possession by the judgment-debtor or judgment-debtors, the execution court should execute the decree by directing delivery of property to the decree-holder is confined only to the delivery of property from the possession of the contracting parties. The 4th defendant not being a contracting party, he cannot be compelled to deliver up the property to the decree holder pursuant to the decree directing defendants 1 to 3 alone to execute a sale deed who are obliged to perform the contract.
6. The learned counsel for the respondent submitted that the execution court is always bound to keep in mind the true intent of the decree for specific performance. He tells me that the principle behind allowing delivery of property to the decree holder in execution of a decree for specific performance where there is no clear direction in the decree to deliver up property, is applicable in this case also. The motivation behind this rule should guide the execution court in the present case also. He submits that by the decree, the sale deed in favour of the 4th defendant now stands cancelled. The 4th defendant is a party to the decree by which the decree-holder has earned the entitlement to obtain a sale deed in respect of the suit property.
7. In this case, I am bound to proceed on that basic fact that the 4th defendant is not a transferee who can claim the exemption contained in S.19(b) of the Specific Relief Act. The decree tells me that he is not a transferee for value who has paid his money in good faith and without notice of the original contract. There is absolutely nothing wrong in co
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