LexK., SIMRATHMULL versus S. NANJALINGIAH GOWDER
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""ili62 1Veb;u(f';·j·zs. ' t > '~· I ,: l ~ ~· \ ! \ i 476 sui>.RE'ME oodk'f .R.E.PdRTsp9a2j·sdi>P. K., SIMRATHMULL ·V. S. NANJALI.1\GfAH GOW DER I (::i. K. DAS, ·M . .l:ImAYA'T(JLLA.H·a.nd J'. l). SILl'.H,:Jlf.) \ ~ .. ~ ... , Contr!'l't-Co~enan!Jor re?onve11~>1c~. ~.prqp~~IK.~.U.?jeYf. to fulfilment of oonditoons-lfailure of cond•t•JJ:J>, whe!her specific '·performarlce could be deln"nded=Where ri!Jht extinguished- ·O'ou>ts equitable.iurisdiction could be invoked-'I'mnsfer of Pro- perty Act; (4 of 1882)-Specific 'Reli~' Act (1· of•J877). ' ' • I • , ·By a, deed dated FebruFy, 19, 1948 the -respondeµ,t .1old his house to the appellant in cohsideration of 0 dis~harging liability to·repay a.loan of Rs, 1500/- borrowed by 1ihe lres- .pondent. T\VO other documents Telflting.;to the house were executed on the same day (J) a -deed by• the appellantragree- ing,to reconvey the house if the ryspo'!dent paiq, ~s., l/iOQ/,• in these two years; (2) p. rent note by the, p;spon?ent .,a\'d. his father agreeing tc1 pay Rs. 26-4-0 per menscm as rent for occupation of the house. Under 1the agreement of 'iec6nvey- ance the exercise of the right td demarfd reconV'eyanc"'e 'was subject to~ t,vo,conditions, firstlY, that the right nius.t. be exer· cised within 2 ·years and 1 secondly, that,,~he rent -payal;>lct_,under .the rent note should not remain in arrears for more than six months at any time. When thai iespoildent Cle'manped sP~ci· fie perfdtmance of -the agreem~nt of reconve1ance, !the first condition was fulfilled but the second was,not. The suit for,, specific performance o'f the igreemcnf Of reco~vey~ ·anc;e was dismissed, for in the view of the· trial.ct:>urt the conditions of the agrcement.t hasi: inot been ,st~iA•l~.comJSlied with, and the· agreement stood cancelled. Tc1e High Court in second appeal reversed the decree and ordered specific J p;:rformabce. .., Held, that the covenant for reconveyance was in the n_ature of a concession granted by the purchaser . . , Held, further that the conces-sion being subject to cer- tain conditions were not fulfilled the right to demand recon- veyancc could not be enforced. The court had no equitable jurisdictio11 to relieve against the extinction of the right to demand reconveyence. Shanmugam Pillai v. Annnlakshmi Ammal, A. I. R. ( 1950) F. C. 38, folbwed. John H. Kilm<r v. British Col1'mbi'1. Orchard Lands Ltd. J L· R. (1913) A. C. 319, DeQendrtl. Pr<!Bad Sitk.fl v. Sttrll!ldr\l· '"i • 3 s.ci.R. SUPRtllME COUR'r REPOR'rS 477 Prasad Sukul, (1935) L. R. 63 I.A. 26 and Davis v. 1'homas, ( 1930) 39 E. R. 195, referred to. CIVIL APPELLA~'E JURISDIW'ION : Civil Appeal No. 8 of 1960. Ajlpeal by special leave from the judgment and decree dated January 30, 1956, of the Madras High Court in Special L. Appeal No. 2174 of 1952. Bhawani Lal and P. G. Agarwala, for the appellant. R. Ganapathy Iyer, R. Thiagarajan and G. Gopalakrishnan, for the respondent . . 1962. February 28. The Judgment of the Court was delivered by ·SHAH, J.-This is an appeal with special leave against the judgment of the High Court of Madras. On February 18, 1948, S. Nanjalingiah Gowder- hereinafter referred to as the plaintiff-borrowed Rs. 1,500/- from K. Simrathmull-hereinaHer called the defendant. On February 19, 1948 the plaintiff executed a sale deed conveying to the defendant certain land at Ootacamund together with a house standing thereon and belonging to him for Rs. 700/-. Two other documents were exe- cuted on the same day : ( l) 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 Rs. 1500/- within a period of two years I shall at your cost and your responsibility execute a sale in respect of the under-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, a.i per the rental deed executed by you and your father~ If there is arrears of rent for six 1962 K. Simr'athmull v, S. Non;O'lingiah GowJ,r Shah J, 1962 }, . SimralAmull v. S. Nonjalihtioh Ot11tdt1 Shah J, 478 SUPREME COURT REPORTS [1962) SUPP. months, the aforesaid counterpart deed shall become cancelle<l.", and (2) a lien\ Note by t.he plaintiff and ·his fath•·r Rora Gowder in favour of the defendant agreeing to pay rent@ 1 's.
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