NIVARTI GOVIND INGALE AND ORS. versus RAVANAGOUDA BHIMANGOUDA PATIL

Citation: [1996] SUPP. 8 S.C.R. 720 · Decided: 18-11-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
NIVARTI GOVIND INGALE AND ORS. 
v. 
RAV ANA GOUDA BHIMANGOUDA PATIL 
NOVEMBER I8, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Specific Relief Act, 1963: 
Suit for specific pe1jorma11ce-Appellants' mother obtained loan from 
father of respondent-She executed a sale deed of the suit land with 
C agreement of reconveyance-Sale deed was got executed in the name of the 
minor-Purchaser failed to execute the deed of reconveyance after receiving 
the money back-Suit for specific performance-Trial Court decreed the 
suit-Appellate Court dismissed the suit-High Court held that agreement 
was not entered into with the leave of the Court and since the agreement of 
D reconveyance was not for the benefit of the minor, decree for specific 
performance could not be granted-Held, when thefather of the respondent 
had obtained the sale deed in the name of the minor, he is bound by the 
agreement of reconveyance as well-Appellants are entitled to seek the 
specific performance-Decree of trial court restored-Judgments and orders 
of appellate court and High Court set aside-Doctrine of /is pendens-
E Suit for specific performance of agreement of reconveyance-Suit land sold 
by purchaser pending/itigation-Held any subsequent sale would be barred 
by doctrine of /is pendens-Subsequent purchaser is bound by decree of 
specific performance and liable to convey the property to decree-holder. 
F 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. I5097 of 
1996. 
G 
From the Judgment and Order dated 6. I .92 of the Karnataka High 
Court in S.A. No. 933 of 1978. 
Ms. Rajni, K. Prasad and K.R. Nagaraja for the Appellants. 
Manoj Arora, Ms. Nandini Mukherjee, H. Wahi and P.S. Narsimha 
for the Respondents/Impleading party. 
H 
The following Order of the Court was delivered : 
720 
-
N.G. INGALE v. R.B. PATIL 
721 
Delay condoned. 
Substitution and impleadment allowed. 
Leave granted. 
We have heard learned counsel on both sides. 
This appeal by special leave arises from the judgment and order of 
the Karnataka High Court, made on January 6, 1992 in RSA No. 933/78. 
A 
B 
The admitted position is that one Radhabai, mother of the appellants C 
was the owner of 4 acres 38 gunthas of land in Pascayapur Village in 
Bijapur laluka and District in Karnataka State. According to her, she, with 
a view to dig a well in R.S. No.299, namely, the same land, had obtained 
a loan in the year 1961 from the father of the respondent a sum ofRs.1,000. 
Since she was not in a position to complete the digging of the well, she 
approached again for a sum of Rs. 2,000 to complete the well. The D 
respondent's father who is a Constable had advanced the money on the 
condition that she would execute the sale deed in favour of his minor son 
i.e., the respondent. Accordingly, she executed the sale deed with an 
agreement of re-conveyance which was accordingly executed on. August 
31, 1961. She stated that she has paid from time to time a sum of Rs. 
7,000 and she asked the respondent to execute the re-conveyance and the E 
respondent had not executed the deed ofre-conveyance, consequently, she 
filed the suit for specific performance. The trial Judge decreed OS No.4/ 
1966 on the file of the Additional Munsif, Bijapur on April 3, 1976. On 
appeal, the Additional Civil Judge allowed the appeal on November 7, 
1977 and dismissed the suit. The second appeal was dismissed by the High 
Court. Thus, this appeal by special leave. 
F 
The High Court found that since the agreement of re-conveyance 
was not for the benefit of the minor, the decree for specific performance 
cannot be granted. The leave of the court was not obtained for entering 
into such an agreement and, therefore, the appellant is not entitled to the G 
benefit of the specific performance. We find no force in the reasoning of 
the High Court in the facts and circumstances of this case. it is seen that 
appellant's mother is the owner of the property. She had obtained loan 
from the respondent and executed the sale deed with an agreement of re-
conveyance. When the father of the respondent had obtained the sale deed 
in the name of the minor, obviously he is bound by the agreement of re- H 
722 
SUPREME COURT REPORTS 11996) SUPP. 8 S.C.R. 
A conveyance as well. Having received the money, he had not executed the 
sale deed. Necessarily, the appellants are entitled to seek the specific 
perform.ance. Under these circumstances, the question that agreement was 
not for the benefit of the miJl9r. which is a legal

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