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september 2015

Supreme Court of India · 2015-09-02

K. NANJAPPA (D) BY LRS. vs R.A. HAMEED @ AMEERSAB (D)BY LRS.

Citation / case number
SC 2003/19266
Court
Supreme Court of India
Petitioner
K. NANJAPPA (D) BY LRS.
Respondent
R.A. HAMEED @ AMEERSAB (D)BY LRS.
Author
M.Y. EQBAL
Bench
C. NAGAPPAN M.Y. EQBAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision to grant specific performance and recovery of possession under the Specific Relief Act, 1963, emphasizing that the plaintiffs, as joint owners of the property, were entitled to enforce their rights against the lessees. The Court clarified that the lease agreement dated 26.02.1951 created a charge on the property, and the subsequent actions of the lessees did not extinguish the plaintiffs' rights. The appeal was dismissed, affirming the High Court's decree in favor of the plaintiffs.

K. NANJAPPA (D) BY LRS. vs R.A. HAMEED @ AMEERSAB (D)BY LRS. · Niyam