AIR 2007 SUPREME COURT 2917 ::2007 AIR SCW 5311 ::2007 (6) AIR Kar R 118 ::(2008) 1 CivilCourtC 492 ::2007 (6) SCC 484 ::(2007) 9 Scale 531 ::2007 (3) CurCC 276 ::(2007) 6 Kant LJ 518 ::(2007) 4 JCR 58 (SC) ::2007 (5) Supreme 736

Supreme Court Of India

(From : 2002 (3) Kant LJ 450)

Hon'ble Judge(s): A. K. Mathur, P. K. Balasubramanyan , JJ

(A) Specific Relief Act (47 of 1963) , S.26— Rectification of deed - Right to vend arrack - Contract between State and plaintiff, awarding right to vend arrack on payment of bid amount in monthly installments - No term incorporated in contract regarding enforcement of ban on trade of toddy to public in concerned District - No plea of any mutual mistake in matter of setting down terms of the contract - No plea of fraud on part of State in entering into contract - Decree to the effect that State was estopped from claiming kist amounts as per bids of plaintiffs in view of @page-SC2918non-implementation of policy of State expressed in budget speech to ban sale of toddy - Purporting to rectify part of contract only as regards payment of kist - Unsustainable. Where a contract was entered into between the State and the plaintiff-contractor, awarding right to vend arrack on the plaintiff on payment of bid amount in monthly installments, however, there was no term incorporated in contract regarding enforcement of the ban on trade of toddy to the public in concerned District, and there was no plea of any mutual mistake in matter of setting down terms of the contract or about any fraud on part of the State in entering into the contract, and the plaintiffs entered into the written contracts on their belief that the policy of prohibition of sale of toddy t....