Smt Balawwa vs Dundappa on 22 January, 2026
NC: 2026:KHC-D:788
RSA No. 1357 of 2008
HC-KAR
raised before the trial Court with regard to
alienation of the land made in derogation of the
provisions contained under the grant certificate and
same has not been questioned by the defendant
before the First Appellate Court, however, the said
submission of the learned counsel appearing for the
appellant cannot be accepted. Suffice it to say that,
though the learned counsel appearing for the
appellant placed reliance on the judgment passed
in the case of R. Nagaraja v. Chikka
Venkataramma decided on 22.07.2013 in Review
Petition No. 82 of 2013 in RSA No. 1244/2004,
however, in view of the later judgment of this Court
and the Hon'ble Apex Court in the case
of NARAYANAMMA's v. Govindappa reported
in (2019) 19 SCC 42, the relief sought for specific
performance of contract under the provisions of the
Specific Relief Act, 1923 cannot be granted and
therefore, the judgment relied upon by the learned
counsel for the appellant would not enure to the
benefit of the appellant."