NDLI: Shivaji Yallappa Patil Vs. Sri Ranajeet Appasaheb Patil & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Specific Relief Act 1963 – s.20
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Transfer of Property Act, 1882 (4 of 1882) Specific Relief Act, 1963 (47 of 1963)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Specific Relief Act, 1963 – s.20 – Case of Respondents Nos.1& 2 that four joint owners of a land agreed to sell their respectiveshares to them – Two joint owners expired – Respondent No.3,wifeof one of the expired joint owners, got share of her husband recordedin her name – Other co-owners (except Respondent no.3) executedsale deed in favour of Respondents Nos.1 & 2 and they were put inactual possession of the land – Respondent No.3 sold her share toRespondent No.4 – Aggrieved, Respondent Nos.1 & 2 filed suit forspecific performance before Munsiff against respondent Nos.3 &4, which was dismissed – Appeal filed by Respondent Nos.1 & 2was partly allowed, however, the appellate Court refused to grantspecific performance of contract – During pendency of the appeal,the appellant purchased the suit property from Respondent No.4 –In regular second appeal, High Court allowed appeal in favour ofRespondents Nos.1 & 2 and ordered the specific performance ofthe contract – Held: The possibility of injury to the interest of thirdparty does not, disentitle the plaintiff from specific performancebut it depends upon the facts and circumstances of each case whichwill be considered by the court in the exercise of its discretion – Ininstant case, the whole case revolves around the question whetherRespondent Nos.1 and 2-plaintiffs got possession of entire land –On facts, on the basis of the findings in a separate suit for permanentinjunction filed by the respondents-plaintiffs, it is well establishedthat the present Respondent Nos.1 & 2 were put into the possessionof the entire land – The decree passed by the Munsiff regardingpossession in an independent suit is indicative of the fact that theplaintiff/respondent Nos.1 & 2 were in possession – Plaintiffs-Respondent Nos.1 & 2 are entitled for benefit of s.53-A of Transferof Property Act – No illegality with the judgment passed by theHigh Court in granting speci fic performance in favour of Respondent Nos.1 & 2 subject to payment of the sale considerationas per prevailing market value – Transfer of Property Act, 1882 –s.53A.
Judge	Hon'ble Mr. Justice R.K. Agrawal
Neutral Citation	2018 INSC 342
Petitioner	Shivaji Yallappa Patil
Respondent	Sri Ranajeet Appasaheb Patil & Others
SCR	[2018] 6 S.C.R. 739
Judgement Date	2018-04-16
Case Number	5012

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