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october 2014

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.

RATHNAVATHI vs KAVITA GANASHAMDAS · Niyam