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september 1969

Supreme Court of India · 1969-09-17

KALIANNA GOUNDER vs PALANI GOUNDER & ANR.

Citation / case number
SC 1966/60276
Court
Supreme Court of India
Petitioner
KALIANNA GOUNDER
Respondent
PALANI GOUNDER & ANR.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the respondents' claim that only Rs. 350 was paid by the appellant was untrue, as the agreement explicitly stated that Rs. 2,000 was paid. The Court ruled that even if the words regarding clearing encumbrances were added after execution, it did not constitute a material alteration affecting the parties' rights or the legal effect of the agreement. Consequently, the High Court's reversal of the Trial Court's decree for specific performance was set aside, and the appellant's appeal was allowed.

KALIANNA GOUNDER vs PALANI GOUNDER & ANR. · Niyam