Savitri Bai S/O Kashinath Divate (Gaikwad) v. Ramacandrasa Shri Narasingappa Solanke
Case brief
What is this about?
Keywords: specific performance; Section 16(c) Specific Relief Act readiness and willingness; Section 20 discretion, comparative hardship; unregistered agreement of sale and conveyance of possession — Karnataka Stamp Act article 5(e)(i)/(ii); Urban Land (Ceiling and Regulation) Act 1976 repealed 22.03.1999; subsequent purchasers, registered sale deed dated 22.08.2000, presumed possession; reverse burden / perverse findings; refund of earnest money Rs.1,50,000/- at 9% p.a.; RFA No.4152/2013 c/w RFA No.4155/2013; O.S.No.195/2000, Principal Senior Civil Judge & JMFC, Hubballi; High Court of Karnataka, Dharwad Bench; Justice Hanchate Sanjeevkumar; decided 27.01.2025.
What did the court decide?
Both appeals allowed in part: the judgment and decree dated 27.04.2013 in O.S.No.195/2000 set aside; the suit for specific performance dismissed; Defendants No.1-7 directed to refund the earnest amount of Rs.1,50,000/- with interest at 9% p.a. from the date of the agreement (06.03.1995) till repayment, to be deposited before the Principal Senior Civil Judge & JMFC, Hubli within three months, failing which the plaintiffs may file an execution petition; decree to be drawn accordingly; no order as to costs.