1995 (8) TMI 328 - SC - Indian Laws

Summary

Issues Involved:
1. Specific performance of the agreement dated 16th July 1974.
2. Allegation of undue advantage taken due to language barrier.
3. Payment of Rs. 16,000 by the plaintiff.
4. Entitlement to relief as prayed for by the plaintiff.
5. Order and decree.

Issue-wise Detailed Analysis:

1. Specific Performance of the Agreement Dated 16th July 1974:
The plaintiff claimed that the defendants agreed to sell the entire suit house for Rs. 16,000, evidenced by an agreement dated 16th July 1974. The defendants contended that the agreement was for the ground floor only. The Trial Court found that the agreement was for the ground floor and a part of the Wada for Rs. 12,000, not the entire house. However, the Supreme Court concluded that the entire suit house, including the first floor, was agreed to be sold for Rs. 16,000. The Court noted that the additional Rs. 4,000 paid by the plaintiff indicated a broader agreement than just the ground floor, and the entire house was mortgaged and thus intended to be conveyed. The judgment and decree of the Trial Court and High Court were modified to reflect this finding.

2. Allegation of Undue Advantage Taken Due to Language Barrier:
The plaintiff, a Maharashtrian lady, claimed she did not understand Gujarati, and the defendants took undue advantage of this by misrepresenting the terms in the agreement. The defendants denied this, asserting that the plaintiff understood Gujarati. The Trial Court found no undue advantage was taken. The Supreme Court, however, gave credence to the plaintiff's claim, considering the improbability of her agreeing to pay more for a lesser portion of the property and the clear recitals in the agreement Ex. 75.

3. Payment of Rs. 16,000 by the Plaintiff:
The Trial Court found that the plaintiff had indeed paid Rs. 16,000 to the defendants. This finding was not challenged by the defendants. The Supreme Court upheld this finding, noting that the payment of Rs. 16,000 was well established and supported the plaintiff's claim for the entire suit house.

4. Entitlement to Relief as Prayed for by the Plaintiff:
The Trial Court granted specific performance for the ground floor and part of the Wada but denied the plaintiff's claim for the entire house. The Supreme Court held that the plaintiff was entitled to specific performance for the entire suit house, including the first floor, based on the comprehensive consideration of Rs. 16,000 and the nature of the property transaction.

5. Order and Decree:
The Supreme Court modified the Trial Court's decree, directing the defendants to execute a registered Sale Deed for the entire suit house, including the first floor, in favor of the plaintiff's heirs. The rest of the Trial Court's directions were confirmed. The appeal was allowed with costs throughout, and the Court appreciated the assistance provided by the senior counsel and Advocate on Record.

Conclusion:
The Supreme Court allowed the appeal, modifying the lower courts' judgments to grant specific performance for the entire suit house, recognizing the payment of Rs. 16,000 and addressing the undue advantage taken due to the plaintiff's language barrier. The defendants were directed to execute the Sale Deed accordingly.