Dispute Resolution & Arbitration Monthly Update | October 2022

DISPUTE RESOLUTION AND ARBITRATION UPDATE

Moreshar Yadaorao Mahajan v. Vyankatesh Sitaram Bhedi (D) Thr Lrs & Ors

Supreme Court of India | Civil Appeal Nos. 5755-5756 of 2011

Background facts

• The Appellant is a doctor who was working in a Government Hospital and also had his private practice. In order to start his private practice, he took on rent a part of the house of the Respondent.
• The Respondent was in financial need for his agricultural cultivation and household expenses and therefore, he suggested to the Appellant that he should purchase the aforesaid part of the house which the Appellant was occupying, together with an added portion.
• The Appellant accepted the said suggestion and an agreement to sell was entered into on July 24, 1984. As per the terms of the said agreement to sell, the Respondent agreed to sell and the Appellant agreed to purchase the suit property for INR 50,000. The Appellant paid an amount of INR 24,000 on the date of the