# [1976] 1 S.C.R. 598

- **Citation:** [1976] 1 S.C.R. 598
- **Court:** Supreme Court of India
- **Decided:** 1975-09-02
- **Case number:** Civil Appeal No. 496 of 1974
- **Bench:** A. N. Ray, K. K. Mathew Andy. V. Chandrachud
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/1976-1-s-c-r-598-6639
- **Pages:** 4

## Headnote

B
' ..
Code of Civil Procedure, Act V of 1908, Order 20, Ruic 14--Pre-e111ptio11Pre-e111ptor's suit, if stood disn1iss.ed on his ft~ilure to depolit pre-emption price
wit}1in the tinie fixed by Trial Court.
-...'
The vendors sold the suit land to the appellants (vendces) by a regis.tered
·deed of sale for R5. 43,000/-.
The respondents ftled the suit for poi;session
·.by pre-emption ot the land in payment of Rs. 30,000/- on the allegations that
the respondents were on the date of' sale tenant5 of.the-land under the vendors.
They also alleged that the sale took place for Rs. 30,000/- only and the remaining amount wa9 fictitiollsly mentioned in the deeJ of sale.
The suit wu.s
-dismissed on the ground that one suit on behalf of the four plaintiffs. who
were tenants of different parts of the ]and, was not mairi.tainable.
On uppetll
the suit- was remanded for re-trial.
At the trial on remand, two plaintiffs
withdrew_ from the suit.
~fhe trial court directed the remaining two plaintifl'srespondents Sohan Lal and Nathi to deposit Rs. 6,300/ _ and Rs. S,670/- respectively on or before 1 April, 1969. less. 1 /Sth of the pre-en1ption amount
-already
deposited
by
then1.
The
Trial Court
gave the respondent
Sohan Lal a decree for possession by pre-emption in respect of Killa No~. 14/1
17 and 18/ 1 of Rectangle 37. 'fhe plaintiffs-re~pondents, aggrieved by .the order,
filed an appeal alleging that the decree should have been passed for the whole
of the land because the
re~pondent Sohan La] was also a tenant of Kilb,
No. 24 of Rectangle 37 under the vendors.
On 29 July. 1969, the Addil.ional
District Judge passed a decree for posses.'iion by pre-emption in favour
of
Tespondent Sohan Lal of Killa No.
24 of
Rectangle 37
on
payment
of
Rs. 9,100/- and he was also directed to deposit thi<> amount on or before 20
August, 1969.
The decree in favour of Nathi was n1aintained without charge.
The ·appellants filed an appeal before the Hi'gh Court and it was contended
before the High Court that respondents did not deposit the decretal amount
by 1 April, 1969 as directed by the Trial Cotut and, therefore. the suit -was
liable to be dismissed under Order 20 Rule 14 of the Code of Civil Proce ..
<lure.
The High Court accepted the appeal of the appellants against the plaintiff Nathi and dismissed the appeal against the plaintiff-respondent Sohan Lal.
The High Court said that since. the- lower appellate court granted Sohan Lal
decree for one more J(illa and directed that the amount would be R1. 9,100/-.
the respondent was to comply with the appellate decree and -not the decree of
the Trial Coun.
Allowing the appeal by special leave,
c
D
E
t
F
HELD : ( 1) The direction'°' given by the Trial Court are n1andato(y under
~
the provisions contained in Order 20 Rule 14 of the Code of Civil Procedure.
A decree in terms of Order 20 Rule 14, imposes obligations on both side• and
they are so conditioned that performance by one is conditional on perfonnan.:e
G
i.
hy the other.
[600E-F, Gl
Pla~uba Appa v. 1Vanule-y reported in A.LR. 1954 S.C. 50 and Do11ara_\'a
s/o Kf'sl1av Tawalay v. Sludkh Maliboob Shaildi Ali and Anr.
[1969] 2 S.C.R.
514 rehed on.
t
(il) It is only if the plaintiffs-respondents had obtained another order fron1
f
the lower appellate Court granting any order of stay that the lower appellate
court might have considered the passing of appropriate order in favour of preII
en1ptors. Jhe IIigh Court should have allowed the appeUants' appeal and not ma<le
any di~tinction in dismissing plaintiff-respondent Nathi's suit and
allowing
plaintiff-respondent Sohan Lal any extension of time to make the payment.
[601F-G]
~
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•
A
B
SULLEH SINGH V. SORAN J:iAL (Ray, C.J.)
5 99

## Text

598
A
SULLEH SINGH .& ORS.
v
A
SOHAN LAL & ANR.
September 2, 1975
•
[A. N. RAY, CJ., K. K. MATHEW ANDY. V. CHANDRACHUD, JJ.]
B
' ..
Code of Civil Procedure, Act V of 1908, Order 20, Ruic 14--Pre-e111ptio11Pre-e111ptor's suit, if stood disn1iss.ed on his ft~ilure to depolit pre-emption price
wit}1in the tinie fixed by Trial Court.
-...'
The vendors sold the suit land to the appellants (vendces) by a regis.tered
·deed of sale for R5. 43,000/-.
The respondents ftled the suit for poi;session
·.by pre-emption ot the land in payment of Rs. 30,000/- on the allegations that
the respondents were on the date of' sale tenant5 of.the-land under the vendors.
They also alleged that the sale took place for Rs. 30,000/- only and the remaining amount wa9 fictitiollsly mentioned in the deeJ of sale.
The suit wu.s
-dismissed on the ground that one suit on behalf of the four plaintiffs. who
were tenants of different parts of the ]and, was not mairi.tainable.
On uppetll
the suit- was remanded for re-trial.
At the trial on remand, two plaintiffs
withdrew_ from the suit.
~fhe trial court directed the remaining two plaintifl'srespondents Sohan Lal and Nathi to deposit Rs. 6,300/ _ and Rs. S,670/- respectively on or before 1 April, 1969. less. 1 /Sth of the pre-en1ption amount
-already
deposited
by
then1.
The
Trial Court
gave the respondent
Sohan Lal a decree for possession by pre-emption in respect of Killa No~. 14/1
17 and 18/ 1 of Rectangle 37. 'fhe plaintiffs-re~pondents, aggrieved by .the order,
filed an appeal alleging that the decree should have been passed for the whole
of the land because the
re~pondent Sohan La] was also a tenant of Kilb,
No. 24 of Rectangle 37 under the vendors.
On 29 July. 1969, the Addil.ional
District Judge passed a decree for posses.'iion by pre-emption in favour
of
Tespondent Sohan Lal of Killa No.
24 of
Rectangle 37
on
payment
of
Rs. 9,100/- and he was also directed to deposit thi<> amount on or before 20
August, 1969.
The decree in favour of Nathi was n1aintained without charge.
The ·appellants filed an appeal before the Hi'gh Court and it was contended
before the High Court that respondents did not deposit the decretal amount
by 1 April, 1969 as directed by the Trial Cotut and, therefore. the suit -was
liable to be dismissed under Order 20 Rule 14 of the Code of Civil Proce ..
<lure.
The High Court accepted the appeal of the appellants against the plaintiff Nathi and dismissed the appeal against the plaintiff-respondent Sohan Lal.
The High Court said that since. the- lower appellate court granted Sohan Lal
decree for one more J(illa and directed that the amount would be R1. 9,100/-.
the respondent was to comply with the appellate decree and -not the decree of
the Trial Coun.
Allowing the appeal by special leave,
c
D
E
t
F
HELD : ( 1) The direction'°' given by the Trial Court are n1andato(y under
~
the provisions contained in Order 20 Rule 14 of the Code of Civil Procedure.
A decree in terms of Order 20 Rule 14, imposes obligations on both side• and
they are so conditioned that performance by one is conditional on perfonnan.:e
G
i.
hy the other.
[600E-F, Gl
Pla~uba Appa v. 1Vanule-y reported in A.LR. 1954 S.C. 50 and Do11ara_\'a
s/o Kf'sl1av Tawalay v. Sludkh Maliboob Shaildi Ali and Anr.
[1969] 2 S.C.R.
514 rehed on.
t
(il) It is only if the plaintiffs-respondents had obtained another order fron1
f
the lower appellate Court granting any order of stay that the lower appellate
court might have considered the passing of appropriate order in favour of preII
en1ptors. Jhe IIigh Court should have allowed the appeUants' appeal and not ma<le
any di~tinction in dismissing plaintiff-respondent Nathi's suit and
allowing
plaintiff-respondent Sohan Lal any extension of time to make the payment.
[601F-G]
~
'
•
•
A
B
SULLEH SINGH V. SORAN J:iAL (Ray, C.J.)
5 99
CIVIL APPELLATE JURISDICTION: Civil
Appeal
No.
496
of
1974.
Appeal by Special Leave from the Judgment and Order dated the
2nd May, 1973 of the Punjab and Haryana High Court in R.S.A. No .
1469 of 1969.
0. P. Sharma for the appellant.
R N. Dikshit for Respondent No. 1.
The Judgment of the Court was delivered by
RAY, C.J.-This appeal is by special leave from the judgment dated
2 May, 1973 of the Punjab and Haryana High Court.
C
The appellants are vendees of the land in suit. The vendors sold
D
E
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the land to the appellants for Rs. 43,000/- on 26 August, 1965. The
transaction was by registered deed of sale.
·
The respondents filed this suit for possession by pre-emption of the
land in payment of Rs. 30,000/- 011 allegations that the respondents
were on the date of sale tenants of the land under the vendors. The
respondents alleged that their right of pre-emption was superior to that
of the vendees.
They also alleged that the sale took
place
for
Rq. 30,000/- only and the remaining amount was fictitiously mentioned
in the deed of sale.
The suil- was dismissed on the ground that one
suit on behalf of the four plaintiffs, who were tenants of different
parts of the land, was not maintainable.
On appeal the suit was remanded for re-trial.
At the trial on remand, two plaintiffs withdrew from the suit. The
trial court directed the remaining two plaintiffs-respondents Sohan Lal
and Nathi to deposit Rs, 6,300/- and Rs. 5,670/- respectively on or
before I April, 1969 less l/5th of the pre-emption amount already
deposited by them.
The Trial Court gave the respondent Sohan Lal
a decree for possession by pre-emption in respect of Killa Nos. 14/ J,
17 and 18/1 of Rectangle 37. The plaintiffs-respondents aggrieved by
the order filed an appeal alleging that the respondent Sohan Lal was a
tenant of Killa No. 24 under the vendors and the decree should have
been passed in their favour for the whole of the land and that decree
should have been passed in favour of So ban Lal in respect of Killa No.
24 of Rectangle 37. The other ground in the appeal was that the decree
should have been passed in favour of the plaintiffs-respondents for whole
of the land.
The Additional District Judge on 29 July, 1969 passed a decree for
possession by pre-emption in favour of respondent Schan Lal on payment of Rs. 9,100/- and be was directed to deposit this amount in
Court on or before 20 August; 1969. The Additional District Judge
passed a decree for possession by pre-emption in favour of respondent
Sohan Lal of Killa No. 24 of Rectangle 37. The decree in favour of
respondent Nathi was maintained without change.
Thereafter, the appellants preferred an appeal in the High Court
alleging that the decision that plaintiff-respondent Sohan Lal was also a
600
SUPREME COURT REPORTS
[1976] 1 S.C.R.
tenant of Killa No. 24 was incorrect and should be set aside and the
decree of. the Trial Court should be restored. _The appellants also prayed that the decree in favour of the two plaintiffs-respondents Sohan Lal
and Nathi were liable to be set aside.
The appellants contended before the High Court that respondents
Sohan Lal and Nathi did not deposit the deeretal amount by l April,
1969 as directed by the Trial Court and, therefore, the suit was liable
to be dismissed under the provisions contained in Order 20 Rule 14
of the Code of Civil Procedure.
The other contention of the appellants before the High Court was
that the plaintiff-respondent Sohan Lal should not have been granted
pre-emption rights in respect of Killa No. 24.
The High Court on 2 May, 1973 accepted the appeal of the appellants against the plaintiff Nathi and dismissed the appeal against the
plaintiff-respondent Sohan Lal.
The High Court said that since the
lower appellate court granted Sohan Lal decree for one more Killa
and directed that the amount would be Rs. 9,100/-, the respondent was
to comply with the appellate decree and not the decree of the Trial
Court.
The appellants coniended that neither Sohan Lal nor Nathi deposited the amount in accordance with the decree of the Trial Court on
or before 1 April, ! 969 and the suit should have been dismiss~d on
that ground alone and the appeal should have been allowed.
The
appellants contended that the lower appellate court had no power and
jurisdiction to give further time to Saban Lal to deposit the preemption amount by an extended date.
A
B
c
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•
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This Court in Naguba Appa v. Namdev (1) held that the directions
/
given by the Trial Court are mandatory under the provisions contained
in Order 20 Rule 14 of the Code of Civil Procedure. This Court in
Naguba Appa's case (snpra) said that "mere filing of an appeal docs
not suspend the decree of the Trial Court and unless that decree
is
altered in any manner by the Court of Appeal, the pre-emptor is bound
F
to comply with that direction''.
In Dattarnya s/o Keshav Tawalay v. Shaikh Mahboob Shaikh Ali &
A11r.(2) this Court said that a decree in terms of Order 20 Rule 14,
imposes obligations on both sides and they are so conditioned that performance by one is conditional on performance by the other. To illustrate, if the defendants by obtaining the stay order from the High Court
relieve themselves of the obligation to deliver possession of the properties the plaintiff-decree-holder must also be deemed thereby to
be
rcileved of the necessity of depositing the money so long as the stay
order continues.
In the present case, the lower appellate court did not grant any
stay to the plaintiffs-respondents. In view of the fact that the plaintiffsrespondents did not deposit the amount as directed by the Trial Court
--
------·-·--------·
(l) A.1.R. 1954 S.C. 50.
(2) [1969] 2 S.C.R. 514.
G
H
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1
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•
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A
B
c
D
E
SULLEH SINGH V. SOHAN I.AL (Ray, C.J.)
60 I
on or before 1 April, 1969, it became mandatory on the lower appellate
court by reason of the ruling of this Court in Naguba Appa's case
(supni) to dismiss the suit. The observations of this Court in Naguba
Appa'.s case (supra! that the pre-emptor is bou~d to comply with the
directions of the Tnal Judge unless that decree 1s altered in any manner by a Court of Appeal do not mean that where the deposit is not
made in accordance with the directions of the Trial Court, the appellate court can extend the time for payment.
Thereafter, the lower
appellate court was in error in extending the time for payment till 20
August, 1969.
In Naguba Appa's case the pre-emption money was not deposited
within the time fixed in the decree.
The pre-emptor made an application to the Court for making the deposit without disclosing that the
time flxed by the decree had elapsed.
The application was allowed.
The defendant, when apprised of the situation, made an application to
the Court to the effect that the plaintiff's suit stood dismissed on
account of his failure in making the deposit in time. The Trial Judge
held that the pre-emption money not having been paid within the time
fixed in the decree the suit stood dismissed.
On appeal the decision
was set aside.
On second appeal it was restored and it was held that
the suit stood dismissed under Order 20, Rule 14 Civil Procedure
Code. An appeal was preferred against the judgment of the High
Court. This Court held that the High Court was right in holding that
the pre-emptor's suit stood dismissed by reason of his default in not
depositing the pre-emption price within the time fixed in the Trial Court's
decree.
The contention of the appellants that the lower appellate court was
wrong in extending the time for payment is correct because the failure
of the plaintiffs-respondents to deposit the amount in terms of the Trial
Court's decree would result in pre-emptors' suit standing dismissed by
reason of their default in not depositing the pre-emption pric-e.
The
contention of the appellants that the High Court was wrong in not
F
setting aside the order of extension of time passed by the lower appellate court is correct. It is only if the plaintiffs-respondents had paid
the decretal amount within the time granted by the Trial Court or if
the plaintiffs-respondents had obtained another order from the lower
appellate Court granting any order of stay that the lower appellate
court might have considered the passing of appropriate order in favour
of pre-emptors. The High Court should have allowed the appellants'
G
appeal and not made any distinction in dismissing plaintiff-respondent
Nathi's suit and allowing plaintiff-respondent Sohan Lal any extension
of time to make the payment. Further, it appears that the plaintiffrespodent Sohan Lal did not pay the amount.
H
For these reasons the appeal is accepted.
Suit of the plaintiffsrespondents is dismissed. The appellants are entitled to costs.
V.l\f.K.
8-L925SupCl/75.
'
Appeal allowed.