NANJEGOWDA AND ANOTHER versus GANGAMMA AND OTHERS

NANJEGOWDA AND ANOTHER versus GANGAMMA AND OTHERS

Defendants did not receive possession of the property; the general power of attorney explicitly stated possession remained with Honnanna. Hence, Section 53A of the Transfer of Property Act is not attracted, and defendants cannot derive benefit under part performance.

Parties
Appellant: Nanjegowda; Appellant: Jayamma; Respondent: Gangamma; Respondent: Vanajakshi; Respondent: Nagesha; Respondent: Manjunatha
Jurisdiction
India
Judgment Date
25 August 2011
Procedural Posture
Civil Appeal / Final Appeal; Decision on Merits
Outcome
Appeal dismissed
Legal Topics
Part Performance, Transfer of Property Act S.53 a, Agreement to Sale, Irrevocable Power of Attorney, Possession Under Contract
Property Law Part Performance Transfer of Property Act S.53 a Agreement to Sale Irrevocable Power of Attorney Possession Under Contract

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Parties

Nanjegowda

Appellant

Jayamma

Appellant

Gangamma

Respondent

Vanajakshi

Respondent

Nagesha

Respondent

Manjunatha

Respondent

Procedural Posture

Civil Appeal / Final Appeal; Decision on Merits

Legal Issues

  1. 1 Whether defendants acquired title and possession of the property under agreement to sale and irrevocable power of attorney
  2. 2 Whether s.53A of Transfer of Property Act applies to defendants' claim

Ratio Decidendi

Defendants did not receive possession of the property; the general power of attorney explicitly stated possession remained with Honnanna. Hence, Section 53A of the Transfer of Property Act is not attracted, and defendants cannot derive benefit under part performance.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to costs