Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 53-A of the Transfer of Property Act 1882 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Suit: Two suit by parties against each other - Suit for adeclaration and possession - Suit for specific performance -Original owner sold land to appellant - On part performance ofthe agreement appellant placed in possession of the land - Deathof the original owner before the execution of sale deed - Suit for adeclaration and possession in relation to the suit land byD respondent-LR 's of the original ow11er, against the appellate -Dismissed insofar as the relief of possession but granteddeclaratory decree in respondents' favour of their ownership overthe suit land - Appellant filing suit for specific performance of theagreement which was dismissed by trail court - Thereafter, firstappeal by respondent - High Court decreed suit for possessionagainst the appellant in relation to the suit land - On appeal, held:Possession of the appellant on the suit land, after the dismissal ofhis suit for specific performance, became unauthorized and illegalthereby entitling the respondents to claim back the same from theappellant 011 the strength of their ownership - Appellant was,F referral, entitled to defend his possession over the suit land bytaking recourse to the provisions of s. 53-A of the 1882 Act butonce his suit for specific performance stood dismissed, theprotection available uls. 53-A no longer available - Thus, the trialcourt as also High Court were justified in declaring theG respondents as owners of the suit land and the High Court wasjustified in passing a decree for possession against the appellant -Appellant directed to restore back the vacant possession of the suitland to the respondents - Respondents directed to refund the earnestmoney to the appellant within the stipulated period, else would carryinterest at the rate of 6% p.a. on the said sum till payment - TransferH of Property Act, 1882 - s. 53-A. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1171 |
Petitioner | Revanasiddayya |
Respondent | Gangamma @ Shashikala & Anr. |
SCR | [2017] 12 S.C.R. 52 |
Judgement Date | 2017-12-05 |
Case Number | 5039 |
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