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Supreme Court of India 2018-04-16 dismissed

Shivaji Yallappa Patil vs Ranajeet Appasaheb Patil & Others

Bench: 2 — R.K. Agrawal

In Brief

The Supreme Court upheld the High Court's order granting specific performance of a contract for sale of agricultural land. The original sellers had agreed to sell land to the plaintiffs, who took possession in pursuance of the contract. Though one share-owner refused to execute the sale deed and later sold her share to a third party, the Court found that the plaintiffs had been in long-standing possession and had established part performance. Relying on Section 53A of the Transfer of Property Act, 1882, and Section 20 of the Specific Relief Act, 1963, the Court held that specific performance should be granted to the original contracting parties, subject to their payment of the prevailing market value within six months. The appeal was dismissed.

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Property Law Transfer of Property Specific Performance Contract Possession

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