Land Ownership and Will Dispute: Supreme Court Upholds High Court’s Decision on Specific Performance

The case of Baxis Singh vs. Sukhdev Singh (Dead) Through LRs & Ors. revolves around a dispute concerning specific performance of a sale agreement and land ownership based on a will. The Supreme Court examined whether the High Court was justified in reversing the trial court’s order and denying specific performance while directing a refund of the sale consideration.

The dispute arose when the appellant, Baxis Singh, sought enforcement of a sale agreement executed on May 27, 1996, by Gurdev Kaur, widow of Buta Singh. The respondent, Sukhdev Singh, contended that the land had already been transferred to him based on a will executed by Buta Singh and that the agreement relied upon by the appellant was invalid.

Background of the Case

The appellant claimed that Gurdev Kaur, as the tenant of the land, had executed a valid sale agreement through her General Attorney, Baga Singh. However, the respondent countered that the land had already been transferred to him via a registered will dated January 15, 1979. He argued that he had initiated revenue proceedings and obtained legal recognition of his ownership through a decree.

The trial court ruled in favor of the appellant, directing the execution of the sale deed. However, the High Court overturned this decision, holding that the second defendant was the rightful owner based on prior legal proceedings and revenue records.

Arguments by the Parties

Petitioner’s Arguments (Baxis Singh)

The appellant contended that:

• The will relied upon by the second defendant was never produced before the trial court or the High Court.
• The land was validly transferred through a sale agreement executed by Gurdev Kaur.
• The trial court had correctly decreed specific performance, and the High Court’s decision to reverse this was erroneous.

Respondents’ Arguments (Sukhdev Singh’s LRs & Ors.)

The respondents argued that:

• The land was transferred to Sukhdev Singh through a registered will in 1979.
• Multiple legal proceedings, including a revenue suit under Sections 88 and 183 of the Rajasthan Tenancy Act, had confirmed their ownership and possession.
• The sale agreement was executed fraudulently without legal authority.

Supreme Court’s Analysis

The Supreme Court examined the legal validity of the sale agreement and the impact of prior judicial and revenue proceedings. It noted:

• The second defendant had successfully litigated ownership claims in multiple proceedings.
• The revenue court had adjudicated on possession and ownership, concluding in favor of Sukhdev Singh.
• The High Court correctly relied on these findings to determine that specific performance could not be enforced.

Key Observations by the Court

The Supreme Court ruled:

“It is clear from the materials on record that the second defendant is the owner and in possession of the property on the basis of the will. We do not find any error in the finding of the High Court.”

Final Judgment

The Supreme Court dismissed the appeal, affirming the High Court’s decision. It ruled:

“The High Court has rightly denied specific performance of the agreement in favor of the plaintiff and directed refund of the amount by the first defendant with interest @ 6% p.a.”

Conclusion

This case reinforces the principle that sale agreements cannot override prior legally established ownership claims. The ruling underscores the importance of revenue and judicial records in determining land ownership and validates the principle that specific performance will not be granted when the seller lacks legal authority over the property.

Petitioner Name: Baxis Singh.
Respondent Name: Sukhdev Singh (Dead) Through LRs & Ors..
Judgment By: Justice N.V. Ramana, Justice S. Abdul Nazeer.
Place Of Incident: Rajasthan.
Judgment Date: 10-04-2018.

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