# SHANKAR GOPINATH APTE v. GANGABAI HARIHARRAO PATWARDHAN

- **Citation:** [1977] 1 S.C.R. 411
- **Court:** Supreme Court of India
- **Decided:** 1976-08-25
- **Bench:** Y. V. Chandkachud, P. K. Goswami, A. C. Gupta
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/shankar-gopinath-apte-v-gangabai-hariharrao-patwardhan-6929
- **Pages:** 8

## Headnote

Transfer of Property Act (4 of 1882), s. 53A, Indian Easements Act (5 of
1882), s. 60 (b), and Indian Contract Act (9 of 1872), s. 211-Scope of.
Practrce and Procedure-High Court's d11ty to give reasons n·cn in cases of
summary dismissal.
The respondent executed a power of attorney in favour of the appellant,
which ex-facie showed that it was to be effective for a period of one year and
that it was executed to enable the appelhnt to manage the respondent's lands.
The appellant immediately thereafter wrote a letter to the respondent agreeing to
undertake the duties specified in the power of attorney and to pay her a sum of
Rs. 2,000 annually from the income of the lands. He was. to retain the rest of
the income as his "honorarium". The appella-nt then obtained possession of the
lands from a person who was in unauthorised occupation, 1md continued in
possession of the property from year to year paying at intervals, the agreed
sum of Rs. 2,000. He then got his name entered in the record of rights as ,1
tenant of the respondent, a·nd gave notice to the respondent that, being a
tenant, he had acquired a statutory right to purchase the lands under the
Bombay Tenancy and Agricultural Lands Act.
The respondent thereupon filed a
suit for the recovery of the amount that may be found due to her from the
appellant on taking accounts, and for an injunction restraining the appell&nt
from obstructing her in the enjoyment of the property. Alternatively, she pray•
ed for a decree for possession of the lands.
As the Civil Cpurt had no jurisdiction to decide the respondent's claim because of the appellant's claim to be her tenant, the issue of tenancy was referred to the Tehsildar under s. 85-A of the Bombay Tenancy Act.
The proceedings under this section came to an end after the appellant carried his contention
unsuccessfully from the Tehsildar to the Supreme Court. The appellant then
sought to amend his written statement by incorporating the plea that he was in
possession of the lands, in part performance of an agreement of sale between
himself and the respondent, and that therefore he was entitled to defend his
possession under s. 53-A, Transfer of Property Act, but the a·pplication for
amendment was rejected. The suit was then decreed giving possession of the
lands to the respondent with a direction to the appellant to pay a sum of Rs. 4390
to the respondent.
The appeal to the High Court was dismissed summarily.
In appeal to this Court, it was contended.
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( 1) that the power of attorney executed by the respondent in favour of the
appellant was a sham and colourable clocument, its real object being to put the
appellant in possession as a potential purchaser, and that therefore s. 53-A
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Transfer of Property Act is applicable,
(2) that the appellant must, in any event, be deemed to be a licensee of
the respondent protected under s. 60(b), Easements Act, 1882, since he had
executed works of a permanent cha·racter on the lands involving heavy expenses;
(3) that possession of the lands should not have been awarded to the respondent along with its valuable improvements without compensating the appellant for their value; and
( 4) that the decree for Rs. 4390 should not have been passed as there was
no question of a-ccountability.
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SUPREME COURT REPORTS
(1977] 1 S.C.R.
Dismissing the appeal,
HELD : (I) In matters involving construction of written instruments where
riyal interpretations have more than mere plausibility, the High Court ought to
give a brief statement of reasons even while dismissing the appeal summarily.
In the instant case, the High Court had called for the record to verify whether
the decree of the trial court was legal and proper. Therefore, a brief statement
of reasons should have been given by the High Court saving the Supreme Court
from considering the pleading and evidence for itself.
[ 415 D· E]
(2) The appellant is not entitled to protect his possession under s. 53-A,
Transfer of Property Act.

## Text

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SHANKAR GOPINATH APTE
v.
GANGABAI HARIHARRAO PATWARDHAN
August 25, 1976
4 11
[Y. V. CHANDKACHUD, P. K. GOSWAMI AND A. C. GUPTA, JJ.]
Transfer of Property Act (4 of 1882), s. 53A, Indian Easements Act (5 of
1882), s. 60 (b), and Indian Contract Act (9 of 1872), s. 211-Scope of.
Practrce and Procedure-High Court's d11ty to give reasons n·cn in cases of
summary dismissal.
The respondent executed a power of attorney in favour of the appellant,
which ex-facie showed that it was to be effective for a period of one year and
that it was executed to enable the appelhnt to manage the respondent's lands.
The appellant immediately thereafter wrote a letter to the respondent agreeing to
undertake the duties specified in the power of attorney and to pay her a sum of
Rs. 2,000 annually from the income of the lands. He was. to retain the rest of
the income as his "honorarium". The appella-nt then obtained possession of the
lands from a person who was in unauthorised occupation, 1md continued in
possession of the property from year to year paying at intervals, the agreed
sum of Rs. 2,000. He then got his name entered in the record of rights as ,1
tenant of the respondent, a·nd gave notice to the respondent that, being a
tenant, he had acquired a statutory right to purchase the lands under the
Bombay Tenancy and Agricultural Lands Act.
The respondent thereupon filed a
suit for the recovery of the amount that may be found due to her from the
appellant on taking accounts, and for an injunction restraining the appell&nt
from obstructing her in the enjoyment of the property. Alternatively, she pray•
ed for a decree for possession of the lands.
As the Civil Cpurt had no jurisdiction to decide the respondent's claim because of the appellant's claim to be her tenant, the issue of tenancy was referred to the Tehsildar under s. 85-A of the Bombay Tenancy Act.
The proceedings under this section came to an end after the appellant carried his contention
unsuccessfully from the Tehsildar to the Supreme Court. The appellant then
sought to amend his written statement by incorporating the plea that he was in
possession of the lands, in part performance of an agreement of sale between
himself and the respondent, and that therefore he was entitled to defend his
possession under s. 53-A, Transfer of Property Act, but the a·pplication for
amendment was rejected. The suit was then decreed giving possession of the
lands to the respondent with a direction to the appellant to pay a sum of Rs. 4390
to the respondent.
The appeal to the High Court was dismissed summarily.
In appeal to this Court, it was contended.
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( 1) that the power of attorney executed by the respondent in favour of the
appellant was a sham and colourable clocument, its real object being to put the
appellant in possession as a potential purchaser, and that therefore s. 53-A
G
Transfer of Property Act is applicable,
(2) that the appellant must, in any event, be deemed to be a licensee of
the respondent protected under s. 60(b), Easements Act, 1882, since he had
executed works of a permanent cha·racter on the lands involving heavy expenses;
(3) that possession of the lands should not have been awarded to the respondent along with its valuable improvements without compensating the appellant for their value; and
( 4) that the decree for Rs. 4390 should not have been passed as there was
no question of a-ccountability.
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SUPREME COURT REPORTS
(1977] 1 S.C.R.
Dismissing the appeal,
HELD : (I) In matters involving construction of written instruments where
riyal interpretations have more than mere plausibility, the High Court ought to
give a brief statement of reasons even while dismissing the appeal summarily.
In the instant case, the High Court had called for the record to verify whether
the decree of the trial court was legal and proper. Therefore, a brief statement
of reasons should have been given by the High Court saving the Supreme Court
from considering the pleading and evidence for itself.
[ 415 D· E]
(2) The appellant is not entitled to protect his possession under s. 53-A,
Transfer of Property Act. [415 GJ
(a) The application for amendment of his written statement was belated;
[415 G]
(b) the conditions of the section were not satisfied.
[416 DJ
(i) There was no written contract a.t all as required by the section. A letter
written by the respondent's brother to the appellant could not be sd construed
as at b-..,st, it is wri.tten evidence of a contract for sale but not the written
contract for sale itself. [416 CJ
(ii) The terms necessary to constitute the transfer cannot be ascertained witl1
reasonable certainty from the letter; and the appellant was not put in possession
in part performance of the contract. He obtained possession under the power
of attorney as an agent and there is nothing to show that the character of his
possession ever changed to that of a potential purchaser. He continued to remit
off and on, the a.greed sem of Rs. 2,000 to the respondent which is entirely
inconsistent witlJ. his character as a potential purchaier of the lands. [416 DJ
( c) Though the recital in the power of attorney that the respondent was
herself in possession of the property was not consistent with the true facts, and
the real object of the power of attorney was to enable the appellant to obtain
possession of the lands from persons in unauthorised possession, it could not
be said that the power of attorney was a sham and colourable document. In
fact, it was acted upon, because, immediately after its execution the appellant
wrote a letter, which had become part and parcel of the power of attorney,
accepting its terms. Assuming that the power of attorney is a sham and colournble document, the appellant can claim no right except the two rights which
he had claimed, namely, as a tenant as a prospective purchaser. But these two
rights were negatived.
[416 H; 417 C-DJ
(3) The argument that the appellant was a licensee is based upon the assumption that the power of attorney was a nominal document. But in view of the
finding, that it was intended to be acted upon and was in fact acted upon, this
argument has no basis. Moreover, there is no evidence as to what improvements were made or what expenses were incurred by the appellant. Assuming
that the appellant executed some work of a permanent character, it could not
be said that he did so "acting upon the licence", as required by s. 60(b), Ease·
mcnts Act. He must have done it not as a licensee, but in the belief that he
was a tenant a.nd would become a statutory purchaser, or that he could implement the alleged oral agreement for sale.
[ 417 E·FJ
(4) (a) No issue that possession with improvements should not be given·
to the respondent was raised.
[418 BJ
(b) In neither of the two capacities he put forward, namely, tenancy and
possession in part performance, could he claim the value of improvements alleged to have been made by him. [418 CJ
( c) The amounts said to have been spent by the appellant, without any
reference whatsoever to the respondent, cannot also be recovered under s. 221
of the Contract Act, on which the appell:mt sought to rely, as that section does
not in terms apply.
[418 El
(5) The decree for Rs. 4390 does not suffer from any infirmity because the
contention of the respondent in substance was that the appellant had failed
t<Y
pay the agreed sum of Rs. 2000 to her for certain years.
[418 A)
•
s. G. APTE v. G. H. PATWARDHAN (Chandrachud, J.)
413
CM:L APPELLATE JuRISIDICTION :-Civil Appeal No. 467 of 1976.
(Appeal by. Special Leave from the Judgment and Order dated 6-21975 of the Bombay High Court in First Appeal No. 13/75).
B. D. Bal, S. B. Wad and Mrs. J. Wad, for the appellant.
U. R. Lalit, P. H. Parekh and Miss Manju Jetley. for the respondent.
The Judgment of the Court was delivered by
CHANDRACHUD, J.
This appeal by special l~ve arises o_ut ?f _an
order dated February 6, 1975 of the Bombay High Court d1sllllssmg
First Appeal No. 13 of 1975 summarily. That appeal was filed by the
appellant, Shankar Gopinath Apte, aginst the d~ree p~ss~ ~y th.e
learned II Joint Civil Judge, Senior Division, Poona m Special Cml Sm!
No. 107 of 1968. That suit was filed by the respondent, Gangaba1
Hariharrao Patwardhan to recover the amount that may be found due
to her on taking accounts from the appellant and for an injunction to
restrain the appellant from obstructing her in the enjoyment of the suit
property. Alternatively, the respondent prayed foit a decree for possession of the suit lands.
.
The suit property consists of 3 agricultural lands bearing Survey
Nos. 98/1-1, 98/1-2 and 99, admeasuring in all 54 acres and 20 gunthas. The lands are situated in a village called Kiwale in Pune district.
These lands belonged originally to the respondent's husband who
died on Febrm!ry 20, 1960 leaving her as his sole heir. On December
29, 1961 a power of attorney was prepared for being executed by the
respondent in favour of Western India Trustee and Executor Co. Ud.,
satara. The object of the power of attorney, as expressed therein, was
inter aUa, to authorize the Company to collect the income of the land
and to take steps for disposing of the land by sale. · But for some reason
or the other the document remained unexecuted. On February 1, 1963
the respondent executed a power of attorney in favour of the appellant.
The true nature of this document and its real purpose are both in dispute but ex-facie, the document was to be effective for a period of one
year and was executed in order to enable the appellant to manage the
respondent's lands and to arrange to cultivate them. By a letter dated
March 3, 1963 addressed to the respondent, the appellant agreed to undertake the duties specified in the power of attorney and to pay to her
a sum of Rs. 2000 annually from the net income of the lands.
The
rest of the income, according to the letter, was to be retained by the
appellant for his "honorarium".
Within two or three weeks of the execution of the power· of attorney, the appellant succeeded in obtaining possession of the lands from
one Nathuram Agarwal on payment of a sum of Rs. 9300. Nathuram,
it appears, had come to be in possession of the lands through one Moti~
ram who was a tenant of the respondent but who was unable to meet his
commitments under the terms of the tenancy. The appellant continued
in possession of the property from year to year on payment, at intervals,
of the agreed sum of Rs. 2000 per annum. On January l, 1967 the
appellant's name, on an application made by him, was entered in· the
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SUPREME COURT REPORTS
[1977 J 1 S.C.R.
record of rights as a tenant of the respondent In February, 1968 appellant gave a notice to the respondent under section 32-0 of the Bombay Tenancy and Agricultural Lands Act stating that, being a tenant
of the lands, he had acquired a statutory right to purchase the lands and
that he was willing to exercise that right. Respondent disputed the appellant's claim by her reply of February 26 and after an exchange of
further notices, respondent filed the present suit on May 3, 1968.
By his written statement dated October 16, 1968 the appellant
raised various technical contentions but his main defence to the suit was
that he was in possession of the lands as a tenant of the respondent and
in view of the provisions of the Bombay Tenancy Act, the Civil Court
had no jurisdiction to entertain the suit. The appellant contended that
the power of attorney was executed by the respondent in his favour
solely in order to enable him to obtain possession of the lands from
Nathuram and that, otherwise, it was' a sham document, a mere cloak
for inducting him on the land by evictin~ an unauthorized occupant.
Several issues were struck by the trial court on these pleadings but
it i!I only necessary to state at this stage that since the main issue in the
suit was whether the appellant was in possession of the lands as a tenant
of the respondent, the Civil Court had no jurisdiction to decide the respondent's claim for possession and had to refer the issue of tenancy to
the Tahsildar under section 85-A of the Bombay Tenancy Act.
The Tahsildar decided the issue against the appellant holding that
he was not a tenant of the respondent. That finding was confirmed in
appeal by the Collector but the Maharashtra Revenue Tribunal, allowing
a revision application filed by the appellant, differed from the concurrent finding of fact recorded by the authorities below and held that the
appellant was in possession of the lands as a tenant of the respondent.
The judgment of the Tribunal was set aside by the Bombay High Court
in Special Civil Application No. 1430 of 1911. The High Court held
that the appellant was in possession of the lands as an agent of the respondent under the power of attorney and that the Tribunal was in error
in upsetting the finding of the Collector and the Tahsildar that the appellant was not a tenant of the respondent.
The appellant's application for leave to appeal to this Court was dismissed by the High Court
and the petition for special leave filed in this Court met with the same
fate. The proceedings under section 85-A of the Bombay Tenancy Act
ended sometime late in 1972.
Thereafter, on December 4, 1972 the appellant filed an application
in the trial court for amendment of his written statement seeking leave
to plead that he was in possession of the lands in part performance of
an agreement of sale between him.self and the respondent and that therefore he was entitled to defend his possession under section 53-A of the
Transfer of Property Act. That application Was opposed by the respondent and was dismissed on April 13, 1973. The appellant filed a
civil revision application in the High Court against that order. After
admitting the revision, the High Court heard both the sides and confirmed the order of the trial court rejecting the amendment application. The
s. G. APTE v. G. H. PATWARDHAN ( Chandrachud, J.)
415
High Court held that the revision app_lication raised no question of juris~
diction and that the application for amendment made by the appellant
was ma/a fide.
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· At long last, the suit which was field by the respondent in May,
1968 was taken up for hearing in January, 1974. On November 30,
1974 the suit was decreed by the trial court. On February 6, 1975 the
appeal filed by thei appellant therefrom was dismissed su~marily by ~he
High Court. On the very next day the r~spo~dent obtained possess10n
of the suit lands from the appellant, which m the long context, must
go on the record as a matter of i:efreshing rromptitude. This Court
granted special leave to the appellant in April, 1976.
.
We would have been saved the futile exercise of looking at the pleadings and considering the evidence for ourselves if only the High Court
had given us the benefit of its views while dismissing the appeal summarily. A brief statement of reasons would have served that purpose.
The unspeaking order "Dismissed" which the High Court has passed
affords no indication whatsoever as to the reasons which impelled the
Court to deal with the appeal before it as unworthy of any serious consideration. In matters involving construction of written instruments
where rival interpretations have more than mere plausibility, the High
Court ought to give a brief statement of reasons while dismissing the
appeal summarily. In the instant case the High Court had called for
the record before dismissing the appeal which only shows that it thought
it necessary to verify certain matters from the record in order to find
whether the decree passed by the trial court was legal and proper. But
since on a full consideration of the appeal and on hearing both sides
we have come to the conclusion that the appeal is devoid of merit, we
propose to dispose it of ourselves instead of remanding it to the High
Court.
The main plank, and perhaps the only one, of the appellant's defence in the trial court was that he was in possession of the lands as a
tenant of the respondent. Having carried that point from the Tahsildar
to the Supreme Court and having failed to establish it, the appellant
set up an entirely new and inconsistent case at the hearing of the suit
that he was in possession of the lands under an agreement of sale and
was therefore entitled to protect his possession under section 53A of
the Transfer of Property Act. The application for amendment of the
written statement seeking leave of the trial court to raise this plea was
rejected by it and the order was confirmed in revision by the High Court.
Apart kom the fact that the application for amendment was made at a
late stage of the proceedings, on merits, there is no substance whatever
in the contention that the appellant is entitled to protect his possession
~nder section 53A. · That section provides, in so far as material, that
1f any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms
necessary to constitute the transfer can be ascertained with reasonable
certainty, and the transferee has, in part performance of the contract,
taken possession of the property or any part thereof, or the transferee
. being already in possesion c.ontinues in. possession in part performance
of the contract and has done some act in furtherance of the contract and
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SUPREME COURT REPORTS
[1977) l S.C.R.
is wlll!ng to perform his p~rt of tke contract, then, even though the contract i_s requrred to be registered but has not been registered, the transferor is debarred from enforcing against the transferee any right in riespect of the particular property except a right expressly reserved by the
terms of the contract. The first and foremost difficulty in the appellant's
way is that there is no written contract at all under which the respondent can be said tot have agreed to sell the property to the appellallt.
Counsel for the appellant relied on a letter (Ex. 147) dated January 4,
1968 which was written by the respondent's brother to the appellant as
constituting a written contract of sale. Even assuming that the respondent's brother was authorized to write the letter on her behalf, it only
refers to an oral agreement between the. appellant and the respondent
under which the latter had agreed to sell the lands to the former. By
that letter, the respondent's brother complained
that
though
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appellant had agreed to purchase the lands for a sum of rupees one'
lakh and to pay the full c.onsideration within a period of six months,
he did not take any steps in fulfilment of these terms. At best, the letter
is written evidence of an oral contract of sale but is not the written contract itself. On this narrow ground the contention of part performance
is liable to fail. Besides, many a condition of section 53A of the Transfer of Property Act is unfulfilled. The terms necessary to constitute
the transfer cannot be ascertained with reasonable certainty from the
letter, the respondent obviously was unwi\Iing to perform his part of
the contraot, and the appellant was not put in possession in part performance of the contract. Admittedly, he obtained possession under
the power of attorney executed by the respondent in his favour and
there is nothing on the record to show tha.t the character of his possession ever changed as a result of the contract of sale. The appellant
aontinued to remit, off and on, the agreed annual sum of Rs. 2000 to
the respondent, which was entirely inconsistent with his character as a
potential purchaser of the lands. In this background, we are not surprised that the trial cou1t dismissed the appellant's
application f.or
amendment of the written statement and the High Court,. while confirming that order in revision, characterized the application as mala fUJ,e.
It is urged on behalf of the appellant that the power of attorney
is a sham and colourable document, its object was to arm the appellant
with a written authority to evict unauthorised occupants from the lands
and that its real purpose was to put the appellant in possession as a
potential purchaser.
To an extent, it is correct that the real object of
the power of attorney was. different from that which is expressed in the
document.
The real object was fo enable the appellant to obtain
possession of the lands from Nathuram Agarwal and others who w.rxe
in possession thereof unauthorizedly.
The power of attorney recites
that the respondent herself was in possession of the lands but that w~
an untrue ·statement of which the explanation may be sought in the
notorious unwillingness of a true owner to acknowledge in writing the
possession of a trespasser.. But though the recital that th~ !CSl'OO;dent was herself in possession of the property was not consistent w1dt
the true facts it is wrong for that reason to say that the power of
attorney was 'a sham and colourable document.
Admittedly,, imme--
diately after the execution of the power of attorney,
the appetlant
wrote a Jetter (Ex. 155) dated February 3, 1963 to the respondent
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s. G. APTE v. G. H. PATWARDHAN (Chandrachud, J.)
417
accepting the power of attorney in terms, agreeing to pay to her a sum of
Ra. 2000 pert year from the net income of the lands and reserving the
relit of the income as his own "honorarium". Unquestionably, the letter
was written by the appellant in furtherance and in fulfilment of the
terms of the power of attorney. Then again, in the absen~ Qf a conduded sale, the appellanrt continued in possession under the. power of
attorney and indeed he used to make the annual payment of Rs.2000
to the respondent, which by reason! of the letter Ex. 155,, had become
a part and parcel of the power of attorney itself. It is therefore ifil.
possible to accept the appellant's contention'that the power of attorney
wai; not ~ntended to be acted upon and was ai sham.
The appellant having fail~ to establish that' he was a tenant of the
respondent or that he was put in possession of the lands in part performance of an agreement of sale, we are unable to appreciate the drive
of a persistent argumem that the power of attorney is a sham and
colourable document. Assuming that it is so, the appellant can claim
no right apart from that document except the two rights which stand
negatived. It then is inconsequential whether the power of attorney was
or was not intended to be acted upon.
·
Faced with this difficulty, learned counsel for the appellant. was
driven to raise points on which there is no pleading, no issue and naturally no satisfactory evidence. The first of such contentions raised by
Mr. Bal is /that the appellant must be deemed to be a licensee of the
respondent and since he has executed work of a permanent character
on the land involving heavy expenses, the licence would be irrevocable
under section 60(b) of the Easements Act, 1882. This argument was
made expressly on the assumption that the power of attorney was a
nominal document and therefore inoperative. In view of our finding
that the document_was intended to be acted upon and was in fact acted
upon, the argument or irrevocable licence does not survive for consideration. But having spent some time in chasing the argument,, we are
constrained to say that such evidence as there is on the record seems
inadequate to prove the improvements made or the expenses incurred
by the appellant.
He has admitted in his evidence that the
figures
w.hich he gave in his examination-in-chief as regards the amount spent
on improvements were stated from IL.emory and that he had not produced his accounts to corroborate the oral word. Only one-more thing
need be stated : even assuming that the appellant has executed work of
a permanent character on the land it cannot be said that he has done
so "acting upon the licence", as required by section 60(b) of the
Easements Act. If he really improved the land by executing a work of
a permanent character, he did so in the belie£ that being a tenant he
will become a statutory purchaser of the land, or that the oral agreement of sale will one fine day be implemented.
The execution of
work would therefore be in his capacity as a tenant or a prospective
purchaser and not in his capacity, as a licensee.
Mr. Bal also challenged the decree for the payment of Rs.4390
which has been passed in favour of the respondent by the trial court.
Tt is true. that there was no accountability as such between the appellant
and the respondent but in substance the contention of the respondent
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SUPREME COURT REPORTS
[1977] 1 S.C.R.
A
was that the appellant had
failed to pay the agreed
amount of
Rs. 2000 to her for certain years and should
therefore be held
accountable to pay the same.
There is, on merits, no infirmity in the
finding of the trial court that a sum of Rs. 4390 is due to the respondent in pursuance of the Jetter of consent, Ex. 15 5.
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Finally, Mr. Bal urged that the trial court was in error in awarding
possession of the suit lands tO' the respondent along with the valuable
improvements made by the appellant. No issue was sought on this
question and indeed no argument was made in the trial comt tlutt it
could not award possession of the lands together with the improvements. Originally, the sole defence of the appellant to the suit was that
he was a tenant. That contention having failed, he attempted to urge
that he was in possession of the lands in part performance o[ a contra1)t
of sale. Jn neither of these two capacities could he claim the value of
improvements alleged to have been made by him. That explains why
he did not urge the contention which he is now urging as an argument
of last resort.
Counsel for the appellant attempted to draw some sustenance from
the provisions of section 221 of the Contrao'; Act in support of the
claim for the value of improvements but that section has nothing to
do with the case. It gives to the agen': a lien over the ptincipal's property which is received by the agent, until the amount due to the agent
as commission, disbursements and services in respect of the prope!ity
has been paid or accounted for to him . .The amounts said to have been
spent by the appellant for improving the property, without any reference
whatsoever to the responden'; cannot be recovered under section 221
of the Contract Act, as it does not fall within its terms.
Jn the result, the unspeaking order of dismissal passed by the
Bombay High Court can seek its justification in the reasons given by
us above. The appeal is accordingly dismissed with costs.
V.P.S.
A ppcal dismissed.
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