Case: SHIVAJI YALLAPPA PATIL Vs. RANAJEET APPASAHEB PATIL

The above appeal has been filed against the judgment and order dated 29.06.2005 passed by the High Court of Karnataka at Bangalore in Regular Second Appeal No. 568 of 2000 whereby learned single Judge of the High Court allowed the appeal filed by Respondent Nos. 1 and 2 herein (original plaintiffs) against the judgment and decree dated 25.02.2000 in Regular Appeal No. 29 of 1997 passed by the Court of Civil Judge (Sr. Division), Hukeri and the order dated 21.07.1992 in Original Suit No. 123 of 1986Brief facts: (a) The suit property is an agricultural land situated at Khavanewadi village in Hukeri Taluka bearing Survey No. 77, measuring 6 acres 8 guntas wherein several persons were owners of their defined shares and were in cultivation till28.05.1981. Later on, the above suit land was divided into two parts as Eastern and Western measuring 3 acres 4 guntas each. In pursuance to the said partition, the joint owners gave a joint application to the Survey Department for demarcation of boundary line between the eastern and western land showing their respective names to their respective parts. The land in the ratio of 1/2, 1/6, 1/6 and 1/6 was given to Ashabai w/o Manohar Kulkarni, Yashwant Kulkarni (Husband of Respondent no. 3 herein), Dattaraya Kulkarni and Laxmibai Ganesh Kulkarni respectively in the eastern side. (b) It is the case of the plaintiffs (Respondent Nos. 1 and 2 herein) that the above named persons agreed to sell their share to the plaintiffs (Respondent Nos. 1 and 2 herein). Though the exact division was not ascertained, it was decided to execute the sale deed only after the division. After settlement, the total price of 3 acres 4 guntas was fixed at Rs. 22,000/was paid in advance. The measurement was finally carried out and approved on30.12.1983. By that time, Yashwant Kulkarni and Dattaraya Kulkarni expired. Sudha, wife of Yashwant Kulkarni got 1/6 share of her husband in the eastern side and got her name entered in the record of rights for Survey No. 77. (c) Thes (except Sudha, having 1/6 th share) of the eastern side executed a sale deed in favour of plaintiffs on13.02.1984 and they were put in actual possession of the land. On 21.03.1986, Respondent No. 3 herein (wife of Yashwant Kulkarni), the owner of 1/6 th share of land in Survey No. 77, sold her share to Respondent No. 4 herein. (d) Being aggrieved, the plaintiffs (Respondent Nos. 1 and 2 herein) filed an Original Suit being No. 123 of 1986 for specific performance against Respondent Nos. 3 and 4 herein before the Court of the Addl. Munsiff, Hukeri. Learned Addl. Munsiff, vide judgment and order dated 21.07.1992, dismissed the suit. (e) Aggrieved by the decision dated 21.07.1992, the plaintiffs filed a Regular Appeal being No. 29 of 1997 before the Court of Civil Judge, (Sr. Dn.) Hukeri. During the pendency of the appeal, the appellant herein, purchased the suit property through a registered sale deed for valuable consideration. It is also alleged by the appellant herein that he was put in possession of the suit property. The appellant purchased the suit property as he is having his landed property adjacent to the suit property. Learned Civil Judge, vide judgment and order dated 25.02.2000, partly allowed the appeal while refusing to grant specific performance of the contract. (f) Aggrieved by the judgment and order dated 25.02.2000, the plaintiffs preferred a Regular Second Appeal being No. 568 of 2000 before the High Court. Learned single Judge of the High Court, vide judgment and order dated 29.06.2005, allowed the second appeal in favour of the plaintiffs and ordered the specific performance of the contract provided plaintiffs shall pay prevailing market value within 6 (six) months from the date of judgment. (g) Aggrieved by the judgment and order dated 29.06.2005, the appellant herein has preferred this appeal by way of special leave before this Court.

Reasoning: In the instant case, Respondent Nos. 1 and 2 filed an original suit for the specific performance of the contract on the ground that owners of the suit property transferred the entire possession of property to them after agreement to sell and it was done in pursuance of part performance. Hence, plaintiffs are entitled for the benefit of Section 53A of the Transfer of Property Act, 1882 (In short the TP Act)In view of the foregoing discussion, we do not find any reason for not granting specific performance in favour of Respondent Nos. 1 and 2. Hence, in the interest of justice and since the Respondent Nos. 1 & 2 are in possession of suit land for long time, we do not find any illegality with the reasoned judgment passed by the High Court in granting specific performance in their favour subject to paying of the sale consideration by them as per the present prevailing market value within six months from today.