GIRIYAPPA & ANR. versus KAMALAMMA & ORS.

GIRIYAPPA & ANR. versus KAMALAMMA & ORS.

Where a defendant relying on Section 53A fails to prove the existence and execution of a written contract (sale agreement) and possession in part-performance under that contract, protection under Section 53A does not arise; the High Court correctly dismissed the Second Appeal affirming trial and first appellate courts' findings, and the SLP was dismissed.

Parties
Petitioners (original Defendants): Giriyappa & Anr.; Respondents (original Plaintiffs): Kamalamma & Ors.
Jurisdiction
India
Judgment Date
19 December 2024
Procedural Posture
Special Leave Petition (civil) No. 30804 of 2024 / Supreme Court Judgment Dismissing the Special Leave Petition
Outcome
Special Leave Petition dismissed
Legal Topics
Part Performance, Section 53 a, Suit for Declaration and Recovery of Possession, Sale Agreement, Proof of Execution of Sale Agreement, Strict Construction
Transfer of Property Act, 1882 Specific Relief Act, 1963 Part Performance Section 53 a Suit for Declaration and Recovery of Possession Sale Agreement Proof of Execution of Sale Agreement Strict Construction

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Parties

Giriyappa & Anr.

Petitioners (original Defendants)

Kamalamma & Ors.

Respondents (original Plaintiffs)

Procedural Posture

Special Leave Petition (civil) No. 30804 of 2024 / Supreme Court Judgment Dismissing the Special Leave Petition

Legal Issues

  1. 1 When can protection under Section 53A of the Transfer of Property Act be granted in a suit filed for declaration of title and recovery of possession?
  2. 2 Whether the defendant was entitled to protection under Section 53A by alleging a sale agreement dated 25-11-1968 and possession in part performance thereof?

Ratio Decidendi

Where a defendant relying on Section 53A fails to prove the existence and execution of a written contract (sale agreement) and possession in part-performance under that contract, protection under Section 53A does not arise; the High Court correctly dismissed the Second Appeal affirming trial and first appellate courts' findings, and the SLP was dismissed.

Court Disposition

Special Leave Petition dismissed

Orders

  • Delay condoned
  • Special Leave Petition dismissed