Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bonafide purchaser - Court empowered to grant specific performance against transferee of the property - Exception - Where the subsequent transferee has paid money in good faith without notice of original contract...........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser for consideration - Requirements - Agreement to sell - Before the date fixed for execution of sale deed, property sold by vendor to subsequent vendee - Suit for specific performance by original vendee - In the written statement by subsequent vendee vague plea taken to the effect that he was not having..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance on basis of oral agreement to sell - Applicant bonafide purchaser of half of land in question on the basis of previous in time, agreement to sell executed in his favour and in possession thereof - Questions involved in the suit cannot be effectively adjudicated without..........
Specific Relief Act, 1963, Section 19(b) -- Suit for specific performance - Subsequent bonafide purchaser for consideration without notice - Plaintiff had issued an advertisement in a leading daily newspaper - Suit land and land of subsequent purchaser adjacent properties - Agreement to sell and sale deed attested by one person - Time gap between prior agreement to sell..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance of agreement to sell - Application for amendment of written statement by subsequent purchaser to the effect that agreement was unconscionable - Vendor had not taken such plea - Subsequent purchaser had no independent right to challenge validity of agreement..........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser - Vendor had no title over suit property at the time of sale - Property already sold through registered sale deed in favour of third person - Plea of bonafide purchaser not available to vendee against third person...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff having failed to show his readiness and willingness cannot take advantage of subsequent bonafide purchaser for consideration without any notice of previous agreement to sell. (Specific Relief Act, 1963, S.16(c)...........
Transfer of Property Act, 1882, Section 41 -- Void document - Bonafide purchaser - Sale held to be void on account of defective title of vendor - Protection under Section 41 not available to vendee...........
Transfer of Property Act, 1882, Section 54, 51, 52 -- Bonafide purchaser - Decree on basis of oral family settlement - Mutation not got sanctioned on that basis - Subsequent sale of property - Purchasers purchased property on verifying revenue record which did not reflect any right or title in favour of appellants - Held, purchasers are bonafide purchasers...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - Bona fide purchaser - No supporting evidence brought on record - Appellant so, i, law of vendor and purchased suit property one day subsequent to order of attachment - Plea of bonafide purchased not tenable - Impugned order of attachment not liable to be interfered with...........
