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november 1989

Supreme Court of India · 1989-11-17

ACHAL REDDI vs RAMAKRISHNA REDDIAR AND ORS.

Citation / case number
SC 1974/60370
Court
Supreme Court of India
Petitioner
ACHAL REDDI
Respondent
RAMAKRISHNA REDDIAR AND ORS.
Author
M. FATHIMA BEEVI
Bench
M. FATHIMA BEEVI

Judgment text excerpt

The Supreme Court held that possession under an executory contract of sale is not adverse if it acknowledges the vendor's title, as per the legal principle that possession is not considered adverse when it is referable to a lawful title. The Court clarified that in cases of executory contracts, the transferee's possession is derivative and recognizes the vendor's ownership until a formal sale deed is executed. The appeal was dismissed, affirming the lower court's finding that the transaction in question was an agreement for sale and not an oral sale of the property.

ACHAL REDDI vs RAMAKRISHNA REDDIAR AND ORS. · Niyam