A.K. LAKSHMIPATHY (D) vs RAI SAHEB PANNALAL H. LAHOTI C.T. . Supreme Court, 28-10-2009
| Docket Number | C.A. No.-007208-007208 / 2009 |
| Date | 28 October 2009 |
| Parties | A.K. LAKSHMIPATHY (D)RAI SAHEB PANNALAL H. LAHOTI C.T. . |
| Court | Supreme Court (India) |
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7208 OF 2009
(Arising out of SLP© No. 17630 OF 2005)
A.K. Lakshmipathy (Dead) & Ors. ..Appellants
Versus
Rai Saheb Pannalal H. Lahoti
CharitableTrust & Ors. …Respondents
J U D G M E N T
TARUN CHATTERJEE,J.
1. Leave granted.
2. This appeal by way of a Special Leave Petition has been filed by
the appellants to challenge the judgment and decree dated 23rd of
February 2002 of the High Court of Andhra Pradesh at Hyderabad
in C. C. C. A. no. 88/1993 and A.S no. 673 of 1995, which was
filed by the defendants/respondents in so far as the direction given
by the trial Court to refund a sum of Rs.1,00,000/- to the
plaintiffs/appellants, which they had paid to the
defendants/respondents as an advance, was concerned.
3. The relevant facts leading to the filing of this appeal are:-
1
The dispute in this appeal involves a property marked no. 1-11-
251 in Begumpet, Hyderabad (hereinafter referred to as the ‘property
in question’) which was owned by one Rai Bahadur Saheb Pannalal
Lahoti. By a Will, he bequeathed all his properties including the
property in question and appointed Respondent no. 2 B.M. Bhandari
and one Bhima Bai as joint executors of his Will. According to the
Will of Rai Bahadur Saheb Pannalal Lahoti, one-fourth of the fund of
his estate was to be used for hospitals and educational institutions in
equal shares as the executors would deem fit. After the death of
Bhima Bai, who was one of the joint executors of the Will, her heirs
Govind Bai Vinani and Suresh Chandra Lahoti (Respondents no. 2
and 5 respectively) came into the picture. By a trust deed as per the
wishes of the Late Rai Bahadur Saheb Pannalal Hiralal Lahoti, a
Charitable Trust by the same name was set up. The trust owned
properties in Hyderabad, Andhra Pradesh and Hingoli in
Maharashtra. The registered office was in Kolkata, West Bengal.
Respondent no. 2 on behalf of the trust entered into a written contract
for sale with appellant no. 1 on 6th of December 1978 agreeing to sell
the property in question measuring 9400 sq. yards along with
constructions thereon. The contract contained certain terms and
2
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