Supreme Court · 2010 INSC 697 · Decided 8 October 2010
Kammana Sambamurthy (D) BY LRS. v. Kalipatnapu Atchutamma (D) and ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 697 · [2010] 12 S.C.R. 772
- Case number
- CIVIL APPEAL No. 6088/2003
- Decided
- 8 October 2010
- Bench
- P. SATHASIVAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 41; Specific Relief Act Section 12; Hindu Succession Act Section 14; Succession Act Section 14
Headnote
Specific Relief Act, 1963: s. 12 - Applicability of - Specific performance of contract - Agreement of sale of a C house - Representation by vendor that he was absolute owner of the house - Receipt of advance money by vendor - Vendor's wife sought cancellation of agreement on the ground that absolute owner of the house and she owned half share in the house which, by virtue of s. 14 of Hindu D Succession Act, was received by her on death of her son - Suit for specific performance of contract by vendee - Held: Vendee cannot seek specific performance of contract of entire house, and
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