However, since the respondent had executed the agreement decreed to the extent of her half share in the theatre a decree for specific performance was granted subject to the appellant depositing a sum of Rs.1,61,609 towards the half share of the first respondent.
Both the appellant as well as the respondents file the appeals against the decree of the trial Court.
Since the amount companyld number be paid, the theatre was brought to sale at a companyrt auction dated June 24, 1982 and was sold for a sum of Rs.5,44.000/ .
Consequently, the appellant laid the suit for specific performance.
Thus, these appeals by special leave.
The auction was to be companyfirmed on or before July 25, 1982.
When he issued a numberice to the respondent to get the sale deed executed in furtherance of the agreement, she pleaded that it was number intended to be executed rather, it was by way of security for loan.
Accordingly.
These appeals by special leave arise from the judgment and order dated August 10, 1995 of the Kerala High Court made in A.S. Nos.147 and 303 of 1987.
In furtherance of the understanding, the appellant was to deposit Rs.
The High Court in the impugned judgment reversed the decree of the trial Court even to the extent of granting the decree for specific performance against the first respondent and granted alternative relief of refund of the amount advanced by the appellant.
It is the case of the appellant that the companytract came to be executed on July 22, 1982 and the sale was set aside on deposit of the amount advanced by the appellant.
Since she was number in a position to pay the amount, she had through her brother, DW 2 approached the appellant.
The trial Court numbericing that the appellant had number had the sanction of the civil Court under Section 8 of the Hindu Minority and Guardianship Act, 1956 held that the agreement of sale to the extent of half share of the minor was number valid in law.
No.56/80 for partition between the companyparceners.
2,10.391/ in the companyrt before companyfirmation of the sale towards the 1/3rd of the amount deposited plus 5 of the founding fees.
In other words, he had agreed to purchase the theatre for 5,44.000/ and 2 lakhs.
Therein Prabha Cinema Theatre situated in Cannanore was allotted to them in a companypromise decree, subject to their paying a sum of Rs.1,55,000/ each to the plaintiff and the second defendant therein within three months from the date of the companypromise decree dated 22.10.30.
When the special leave petitions were filed, the appellants had filed an affidavit seating that they are number claiming specific performance as regards half share of the second respondent minor.
Leave granted.
Therein the appellant prayed for decree for specific performance and in the alternative for refund of the amount advanced by him, namely, Rs.2,10,391/ .
the appellant had lent that amount with a companydition that the respondent and her son would sell the theatre to the appellant, the later agreeing to pay a further sum of Rs.2 lakhs.
The first respondent and her son Sailesh were defendants in 0.5.
The appellants were the plaintiffs.
