received on -26/08/2008 registered on 30/08/2008 decided on – 14 ...

22
In a case of, “ Lourud Mari David and others Vs Louis
Chinnaya Arogiaswamy and others, AIR 1996(S C ) 2814(1)”,
wherein Hon'ble Apex Court has held that the party who seeks to
avail of the equitable jurisdiction of a court and specific
performance being equitable relief, must come to the court with
clean hands. In other words the party who makes false allegations
does not come with clean hands and is not entitled to the equitable
relief.
26 If we considered the evidence on record carefully,
defendant no.l appears to be in collusion with the plaintiff. He had
already disposed of 61 R land in favour of plaintiff under registered
sale deed (exh. 42) dated 30/04/2008 and delivered the possession.
It further reveals that immediately, thereafter he had executed
registered sale deed of suit land in favour of defendants no. 2 and 3
and delivered the possession. I have already mentioned that there is
no reference of an agreement to sale in the sale deed of plantiff. Had
there been any agreement to sale, definitely there would have been
reference of it in the sale deed. Even, if for the sake of arguments it
is assumed that an agreement to sale was there in favour of the
plaintiff, but concluding para of the agreement to sale authorises the
plaintiff to sell the land of the defendant no.l to anybody. In other
words plaintiff was authorised to sell the land of the defendant no.l
to anybody. Therefore, possibility cannot be ruled out that plaintiff
might have participated in the negotiation talk with the defendants
no. 2 and 3 and might have remained present for the sale deed.
Plaintiff and defendant no.l appears to be a close relatives. Had they
been not relatives, defendant no.l would have not authorised the