...appellate court decreed the suit as prayed for. According to the appellate court, mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its...-plaintiff entered into an agreement on 1-5-1977 whereby the appellant agreed to sell his RCC building with appurtenant land for a consideration of Rs 85,000. The respondent paid a sum of Rs 42,000 as...that under the second agreement, if the appellant failed to execute the sale deed, he will have to pay double the amount of part-consideration received by him, whereas if the respondent failed to...

...return a finding as to the inadequacy of consideration which is a pre-condition for invoking Section 4(1)(a) of the Gift-tax Act, 1958. The tribunal concluded that there was no...material to show that there was inadequacy of consideration. Consequently, the finding with regard to the deemed gift was set aside. The tribunal also noted that the registered / approved valuer's...below.2. The conclusion arrived at by the Income Tax Appellate Tribunal is based on the consideration that as regards the deemed gift, the returning of the Assessing Officer must...

...adequacy or inadequacy of the consideration did not arise. The Assessing Officer took the view that even though capital was contributed, there is a gift of the goodwill. But this was negatived by the...Mohanlal 166 ITR 124 and also contended that the inadequacy of consideration cannot be now challenged before this Court, as that was not raised before the Tribunal. According to us..., consideration of the transfer could not be evaluated during the subsistence of the partnership and so, the adequacy or inadequacy of consideration could not be quantified. That question does not...

...) 1 SCC 162 and Gobind Ram v. Gian Chand (2000) 7 SCC 548 and held that inadequacy of consideration or the fact that the contract is...comparative hardship has been thus statutorily recognised in India. However, mere inadequacy of consideration or the mere fact that the contract is onerous to the defendant or improvident in its nature...to perform its part of the agreement and availability of funds necessary for payment of the sale consideration, the High Court should have set aside the concurrent finding recorded by the courts...

...voidable, makes it inequitable to enforce specific performance.”8. However, Explanation 1 stipulates that the mere inadequacy of consideration, or the mere fact...properly exercise discretion not to decree specific performance. The doctrine of comparative hardship has been thus statutorily recognised in India. However, mere inadequacy of consideration or the mere...upon which a residential house is situated. An agreement to sell was entered into between the appellants and the father of the respondent on 2-6-1999. The consideration agreed upon was rupees one lakh...

...performance.Explanation 1.— Mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute...an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b).”6. A perusal of Explanation 1 would show that mere inadequacy of consideration is...argument of the learned counsel for the appellant is that the price, which was adequate in the year 1987 is now inadequate now after more than 20 years of the said agreement. In other words, inadequacy...

...denied the benefit of the decree passed in his favour. Explanation I appended to Section 20 clearly stipulates that merely inadequacy of consideration, or the mere fact that the contract is onerous...-1978. The total consideration for the said transfer was fixed at Rs 1,55,000.2. It is not in dispute that the father of the plaintiff-respondent Shri S.J Naidu was in....4. It also stands admitted that pursuant to or in furtherance of the said agreement, the following payments have been made in part-payment of the consideration...

...eyes. Under Expl. 2 to Sec. 25 of Contract Act a sale deed is not rendered void due to inadequacy of consideration. It may be helpful in ascertaining whether agreement was...entered freely or not but where free consent and valid execution is established inadequacy of consideration becomes irrelevant. Apprehension of saving the land from Rajpal and Kayam or preserving it...means of his livelihood. He further found that the consideration was grossly inadequate and the circumstances in which the sale deed was executed were suspicious. The finding was reversed in appeal as the...

..., makes it inequitable to enforce specific performance.Explanation 1.—Mere inadequacy of consideration, or the mere fact that the contract is onerous to.... D'Souza v. Shondrilo Naidu . (2004) 6 SCC 649 this Court rejected the contention that inadequacy of consideration may be ground for refusing relief of specific performance, which may cause hardship...Section 20 clearly stipulates that merely inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature would not constitute an unfair...

...appellate Court formulated three points for its consideration:1. Whether the inadequacy of consideration is a ground sufficient to set aside the sale of ancestral house?2...inadequacy of consideration can be a good ground for setting aside the sale of the ancestral house; on point No. 2, that the value of the disputed property was not less than Rs. 1800/- and the sale was...counsel for the defendant-appellant contended before me that the sale of property having taken place in execution of a decree, the sale could not be set aside for inadequacy of the consideration except on...

...at page 81 where the learned authors say that inadequacy of consideration is neither sufficient to invalidate a negotiable instrument nor is it a good defence to an action on it, though the adequacy...such consideration though, as we stated, inadequacy of consideration may be evidence of fraud or bad faith—Adib El Hinnawi v. Yacoub. Such being the case even if the motor cars were not...in favour of the respondent plaintiff on the 30th December 1948. The consideration stated in the promissory note was that the appellant purchased two motor cars from the respondent, one of them being...

...was a fraudulent one, and that could only be done in this case (there is no other evidence) by showing utter inadequacy of consideration. So far as the Rs. 17,000 was con cerned, there was adequacy...be taken as part consideration of the price to be paid. The price agreed upon was Rupees 20,000, and it seems quite clear on the transaction that the Rs. 17,000 was quite rightly taken as consideration...of consideration. Therefore, there only remains the Rs. 3,000. No doubt the evidence is in a very ragged condition as to precisely where and when that money was paid and, if it was necessary to show it...

...which may be founded upon gross inadequacy of consideration. But it can only be where the inadequacy is such as to involve the conclusion that the party either did not understand what he was about or...was the victim of some imposition. It is impossible to say that the inadequacy of consideration in this case amounts to anything like proof to warrant either of those conclusions.”14...price does not depend upon a person giving pretium affectionis, from any peculiar motive, beyond what any other man would give, the reasonable price. But, further, unless the inadequacy of price is such as shocks the conscience, and...

...sale was a fraudulent one and "that could only be done in this case (there is no other evidence) by showing utter inadequacy of consideration. So far as the Rs. 17,000 was concerned, there was adequacy..., however, the defendant can then show utter inadequacy of consideration or some other circumstance suggesting a fraudulent sale, the plaintiff would in turn have to plead something more than the innocent...transaction relied upon by the plaintiff was highly suspicious, that it was extremely doubtful if any portion of the consideration for the sale came out of the plaintiff's pocket, that the plaintiff was father...

.... "Mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute a...meaning of Clause (a) or hardship within the meaning of Clause (b)." 7. In view of Explanation I to Section 20 the mere inadequacy of consideration would not enti...1. This second appeal arises out of a suit filed by the plaintiff respondent Ramji Seth for specific performance of the contract of sale entered into on 2-12-1964 in respect of house No...

..., not their debt, but the debt of the original debtor, must show that the sale was a fraudulent one, and that could only be done in this case (there is no other evidence) by showing utter inadequacy of ...should be taken as part consideration of the price to be paid. The price agreed upon was Rs. 20,000, and it seems quite clear on the transaction that the Rs. 17,000 was quite rightly taken as...consideration, leaving, of course, the Rs. 3,000 to be paid in cash. 3. Now in the meantime, in 1921, Po Hla had executed a promissory note for Rs. 12,000 in favour of the Chetty firm, who are...

...adequate and mainly on the ground of inadequacy of consideration, he reversed the judgment of the trial Court. The learned Judge also, if we may say so, indulged in an irrelevant discussion as to...to what all events and what circumstances and what facts would be sufficient to hold that a particular contract ought not to be specifically enforced on the ground of inadequacy of consideration. The...Explanation 1 to Sub-section (2) of Section 20 says that mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in...

...of the minors could be questioned by the minors on the ground of inadequacy of consideration, though the authority felt that consideration was there for the release and such consideration...comparable as the extent of the other property is 26.08 cents while the extent of the property which is the subject-matter of the agreement between the petitioners is 63 cents and 320 sq. ft. and such...rejection, according to the petitioners, is erroneous. The petitioner also contends that the authority has failed to take note of the non-availability of the title deed with the vendors and the possibility of...

...been recorded with regard to the inadequacy of consideration and, therefore, in the absence of any evidence that such land was available at the rates purchased by the petitioner in 1972, and there being...inadequacy of consideration.9. Apart from this, the directions of this Court in the judgment 8th Jury 11997 were categorical and none of those issues have been touched by the Appellate...Authority in the impugned order dated 16th December, 2002. The appeal has been dismissed only on the ground of alleged inadequacy of consideration money which in the opinion of the Court could not have bee...

...also contended that Defendant 1 being a stranger to the sale deed should not have been allowed to raise the plea relating to inadequacy or non-payment of consideration money...validity of the sale deed on the ground of inadequacy of consideration or part-payment thereof? Defendant 2 alone, who was the executant of the sale deed, could have raised an objection as to the...to a decree for reconveyance of the property as Defendant 2 had already offered the entire amount of sale consideration to Defendant 1 which the latter had refused and which amount the plaintiff was...