Muslimveetil Chalakkal Ahammed Haji Vs Sakeena Beevi (Supreme Court of India)
Supreme Court: Specific Performance Decreed on Ratification by Co-sharer – Limitation Runs from Date of Affidavit; 1/11th Share Directed to Be Conveyed
The Supreme Court allowed the appeals and set aside the judgments of the Trial Court and the Kerala High Court, granting specific performance in favour of the plaintiff for conveyance of the defendant’s 1/11th share in the suit property on which a higher secondary school was being run.
The Court held that the affidavit dated 30.04.2013 executed by the defendant (co-sharer) unequivocally ratified the acts of the earlier power-of-attorney holder and conveyed no-objection to transfer of ownership and management. Since this affidavit was admitted and undisputed, and the defendant did not enter the witness box, it constituted decisive evidence of ratification.
On limitation, the Court ruled that time would commence from 30.04.2013 (the date of the affidavit), when refusal to execute the sale deed crystallised, and therefore the suit filed in 2013 was within limitation under Article 54. The contrary findings of the courts below were held erroneous.
On readiness and willingness, the Court noted multiple extensions of the agreement, acceptance of consideration by eight co-sharers, and execution of a partial sale deed on 08.05.2013, concluding that the plaintiff had continuously demonstrated readiness and willingness.
Considering statutory requirements under the Kerala Education Rules mandating a minimum land extent for running a higher secondary school, the Court found equities strongly in favour of the plaintiff.
Directions:
