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.