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.