Supreme Court of India

Nanjegowda and Another v. Gangamma and Others

Neutral citation
Reported as [2011] 10 S.C.R. 700
Bench Markandey Kat Ju and Chandramauli Kr. Prasad JJ.
Decided 25 August 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that the finding recorded by the Trial Court as affirmed by the High Court that defendants did not get possession of the property after execution of the sale deed is on correct appreciation of facts, which do not call for interference in this appeal.

Judgment, page 8

From the headnote

Transfer of Property Act, 1882 - s. 53A - Part c performance - When attracted - Suit for declaration and possession over property - However, defendants claiming title over the property on basis of an agreement to sale as also irrevocable power of attorney executed by their predecessor­ in-title in their favour - Trial court decreed the suit - Order upheld by the High Court - On appeal, held: Agreement to · sale recited that predecessor-in-title had delivered the possession of property to defendant no.3 - According to the defendtJnts, there had been ban on registration of documents, thus,

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