HANUMAPPA CHANNAPPA HULLUR (D) BY LRS. versus SHIVAMARUTHAPPA PARAPPA KALLI & ORS.

HANUMAPPA CHANNAPPA HULLUR (D) BY LRS. versus SHIVAMARUTHAPPA PARAPPA KALLI & ORS.

Suit for specific performance of sale agreement executed by vendor having only partial share in joint family property can be enforced to the extent of his share; Section 12 of the Specific Relief Act, 1963 does not impede such partial enforcement; High Court judgment is set aside to extent of vendor's 1/3rd share.

Parties
Appellant: Hanumappa Channappa Hullur (D) by LRs.; Respondents: Shivamaruthappa Parappa Kalli & Ors.
Jurisdiction
India
Judgment Date
21 August 2015
Procedural Posture
Civil Appeal Nos.411 412 of 2004 / Appeal From High Court Judgment Dated 11.03.2002 in RSA Nos. 63/1999 and 64/1999
Outcome
Civil Appeal No.411 of 2004 partly allowed; Civil Appeal No.412 of 2004 dismissed.
Legal Topics
Specific Performance, Joint Family Property, Partial Relief Under Specific Relief Act
Contract Law Property Law Specific Performance Joint Family Property Partial Relief Under Specific Relief Act

Case Brief

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Parties

Hanumappa Channappa Hullur (D) by LRs.

Appellant

Shivamaruthappa Parappa Kalli & Ors.

Respondents

Procedural Posture

Civil Appeal Nos.411 412 of 2004 / Appeal From High Court Judgment Dated 11.03.2002 in RSA Nos. 63/1999 and 64/1999

Legal Issues

  1. 1 Whether specific performance of sale agreement can be enforced against a joint owner who has only partial share in the property
  2. 2 Applicability of Section 12 of the Specific Relief Act, 1963 to partial performance
  3. 3 Binding nature of the sale agreement on co-sharers not party to the contract

Ratio Decidendi

Suit for specific performance of sale agreement executed by vendor having only partial share in joint family property can be enforced to the extent of his share; Section 12 of the Specific Relief Act, 1963 does not impede such partial enforcement; High Court judgment is set aside to extent of vendor's 1/3rd share.

Court Disposition

Civil Appeal No.411 of 2004 partly allowed; Civil Appeal No.412 of 2004 dismissed.

Orders

  • Suit for specific performance decreed to the extent of 1/3rd share of the vendor-father in the property.
  • No order as to costs.