Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for specific performance Subsequent sale deeds Consideration not paid in good faith Knowledge of suit agreement Sale deed Bona fide purchasers for value without notice of the suit agreement Defendants not bona- fide purchasers Agreement for sale Notice of the suit agreement Decree of specific performance Bona-fide purchasers Absence of prayer for cancellation or setting aside of the subsequent sale deeds in the plaint Subsequent purchasers Suit agreement Specific performance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) Indian Evidence Act, 1872 (1 of 1872) Uttar Pradesh Civil Laws (reforms and Amendment) Act (57 of 1976) Specific Relief Act, 1963 (47 of 1963) Registration Act, 1908 (16 of 1908) U.p. Zamidari Abolition and Land Reforms Act, 1950 (1 of 1951) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Can the contention that the suit agreement was sham and bogus and not intended to be acted upon be allowed to be raised notwithstanding Sections 91 and 92 of the Evidence Act; Was the suit agreement sham and bogus and not intended to be acted upon; Were the second to fourth defendants bona fide purchasers for value without notice of the suit agreement; Whether, in view of the decision of Supreme Court in B. Vijaya Bharathi, the plaintiffs were not entitled to a decree of specific performance in the absence of any prayer for cancellation of the two subsequent sale deeds; Do the provisions of the Zamindari Abolition Act create a bar on the execution of the sale deed in terms of the suit agreement; Whether the plaintiffs were entitled to a decree of specific performance.Headnotes Specific Relief Act, 1963 – s.19(b) – Relief against parties and persons claiming under them by subsequent title – Defendantssubsequent purchasers claimed under the sale deeds executed after the execution of the suit agreement, if can be subjected to decree of specific performance – Plea of the defendants that in view of the decision in B. Vijaya Bharathi case, plaintiffs not entitled to decree of specific performance in the absence of prayer for cancellation of the subsequent sale deeds: |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2024 INSC 491 |
Petitioner | Maharaj Singh & Ors. |
Respondent | Karan Singh (dead) Thr. Lrs. & Ors. |
SCR | [2024] 7 S.C.R. 396 |
Judgement Date | 2024-07-09 |
Case Number | 6782 |
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