Full Judgment Text
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PETITIONER:
JARABANOO FIROZ SHAH MOOS
Vs.
RESPONDENT:
ANDHRA PRADESH CHEMIST & DRUGGISTASSOCIATION, HYDERABAD & OR
DATE OF JUDGMENT25/08/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This Court on September 14, 1994 passed an order in the
main appeal, viz., C.A. No.279 of 1987. As some
typographical mistakes had crept in the said order and to
avoid further litigation between the parties, we hereby
direct the relevant part of the said order to be modified
and read as under:
"This appeal by Special Leave arises from the Judgment of
the Division Bench of the High Court of A.P. in Civil Appeal
No.1/77. The appeal of the respondent-Association was
allowed by the High Court. The Trial Court dismissed the
suit of the Association for specific performance of the
agreement dated July 26, 1967, agreeing to convey the
property bearing No.5-9-262, Hyderabad. From the averments
of the appellant herself, it is clear that the agreement was
for Rs.2,42,000/- but she came to know that the
consideration was shown in the agreement at Rs.2,10,000/-.
In consequence, she lost Rs.20,000/- as she contended that
the agreement was vitiated by fraud and that, therefore, the
decrees cannot be enforced since the respondents were
parties to the fraud. We find no force in the contention. At
best it is not the case that she did not agree to execute
the agreement. It is also not her case that she did not read
the contents of the agreement. Under these circumstances, it
cannot be said that there is any fraud played on her. At
best it can be said that the appellant is not a consenting
party to the actual consideration of Rs.2,10,000/-. We give
the benefit to the appellant only to the extent of her share
of Rs.20,000/- and the respondents are directed to pay
Rs.10,000/- and further a sum of Rs.20,000/- towards
interest. The order of the High Court is accordingly
confirmed with the above modification.....".
The remaining part of the order would remain as it is.