REVANASIDDAYYA versus GANGAMMA @ SHASHIKALA & ANR.

REVANASIDDAYYA versus GANGAMMA @ SHASHIKALA & ANR.

Appellant's possession on the suit land became unauthorized upon dismissal of his suit for specific performance; respondents, as owners, are entitled to possession and appellant to refund of earnest money.

Parties
Appellant: Revanasiddayya; Respondent: Gangamma @ Shashikala; Respondent: Respondent No.2
Jurisdiction
India
Judgment Date
05 December 2017
Procedural Posture
Civil Appeal / Supreme Court Final Appeal From High Court Judgment
Outcome
Appeal disposed of; directions issued.
Legal Topics
Specific Performance, Part Performance, Declaratory Relief, Possession, Refund of Earnest Money
Property Law Contract Law Specific Performance Part Performance Declaratory Relief Possession Refund of Earnest Money

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Parties

Revanasiddayya

Appellant

Gangamma @ Shashikala

Respondent

Respondent No.2

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal From High Court Judgment

Legal Issues

  1. 1 Whether appellant can retain possession after dismissal of suit for specific performance
  2. 2 Whether respondents are entitled to possession based on ownership
  3. 3 Whether appellant is entitled to refund of earnest money

Ratio Decidendi

Appellant's possession on the suit land became unauthorized upon dismissal of his suit for specific performance; respondents, as owners, are entitled to possession and appellant to refund of earnest money.

Court Disposition

Appeal disposed of; directions issued.

Orders

  • Respondents directed to refund Rs.1,00,000/- to appellant within 3 months; failing which, 6% interest p.a. till payment
  • Appellant directed to restore vacant possession of suit land to respondents within 3 months from the date of judgment