Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act Notice Good faith |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Specific Relief Act, 1963:Section 19(b)-Prior agreement to sell the suit premises between Defendant No. 1 and plaintiff after taking advance payment-Sale deed to be executed within 90 days after payment of entire sale consideration-Later same suit premises was sold to Defendant Nos. 2 to 5 by Defendant No. 1- Suit for specific performance by plaintiff-Decreed by the trial court and upheld by the High Court-On appeal, held, Section 19(b) protects the bona fide purchaser in good faith without notice of the original contract-In view of Section 19(b) and definition of "notice" under Transfer of Property Act, it is rightly held by the trial court as well as by the High Court that Defendants 2 to 5 were not bona fide purchasers in good faith for value without notice of the original contact-Penal Code, 1860, Section 52- General Clauses Act, 1897-Transfer of Property Act, 1882, Section 3 Explanation II. Words and Phrases: Notice-meaning of-In the context of Section 3, Explanation 11 of the Transfer of Property Act, 1882. Good faith-Meaning of-Section 3 (22) of the General Clauses Act, 1897. |
Judge | Hon'ble Mr. Justice Shivaraj V Patil |
Neutral Citation | 2000 INSC 338 |
Petitioner | R.k. Mohammed Ubaidullah And Ors. |
Respondent | Hajee C. Abdul Wahab (dead) By Lrs. |
SCR | [2000] Supp. (1) S.C.R. 524 |
Judgement Date | 2000-07-18 |
Case Number | 5182 |
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