Supreme Court of India · 2014-10-29
RATHNAVATHI vs KAVITA GANASHAMDAS
- Citation / case number
- SC 2011/38049
- Court
- Supreme Court of India
- Petitioner
- RATHNAVATHI
- Respondent
- KAVITA GANASHAMDAS
- Author
- Abhay Manohar Sapre
- Bench
- ABHAY MANOHAR SAPRE FAKKIR MOHAMED IBRAHIM KALIFULLA
Judgment text excerpt
The Supreme Court upheld the High Court's decision to grant specific performance of the agreement for the sale of a dwelling house under Section 10 of the Specific Relief Act, 1963, emphasizing that the plaintiff had fulfilled her obligations by paying the full sale consideration and being in possession of the property. The Court found that the defendants had no valid claim to dispossess the plaintiff, as she had been in continuous possession and made improvements to the property. The appeal by the defendants was dismissed, affirming the High Court's decree in favor of the plaintiff.