1962 (2) TMI 108

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..... g to the defendant certain land at Ootacamund together with a house standing thereon and belonging to him for ₹ 700/-. Two other documents were executed on the same day : (1) a deed of reconveyance (Ext. A-1) (counterpart of the sale deed) in favour of the plaintiff which contained the following covenant: If you pay the sum of ₹ 1500/. within a period of two years 1 shall at your cost and responsibility execute a sale in respect of Your-mentioned land and house. You shall pay the assessment for the house and the municipal tax, you shall if there is any arrears of rent pay the same, prior to the sale, as per the rental deed executed by you and your father. If there is arrears of rent for six months, the aforesaid counterpa .....

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..... reement for reconveyance. The plaintiff, however submitted that the court could relieve him against the forfeiture of his rights in exercise of the courts equitable jurisdiction. The defendant submitted that the covenant for reconveyance was in the nature of a concession granted by the defendant subject to certain conditions and if the conditions were not fulfilled the right could not be enforced. On this question the trial Judge with whom the First Appellate Court agreed held that the court had no jurisdiction to relieve against the extinction of the right to demand reconveyance, because the plaintiff had failed to comply strictly with the conditions of the deed. The High Court held that the equitable jurisdiction of the Court could proper .....

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..... umbia Orchard Lands Ltd. (1) and Devendra Prasad Sukul and others v. Surendra Prasad Sukul and Another(2) are illustrations of that principle. But there is a well recognised exception to this rule which is enunciated in Halsbury's Laws of England Vol. 14 TIT Edition page 622 paragraph 1151, as follows: Where under a contract, conveyance, or will a beneficial right is to arise upon the performance by the beneficiary of some act in a stated manner, or at a stated time, the act must be performed accordingly in order to obtain the enjoyment of the right, and in the absence of fraud, accident or surprise, equity will not relieve against a breach of the terms . The Federal Court in Shanmugam Pillai and others v. Annalakshmi Ammal and others( .....

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