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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.