Showing : 1-10 of 32 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Bonafide purchaser - Merely because sister of subsequent purchaser married in same village where suit property is situated, it cannot be said that she knew about agreement to sell in favour of plaintiff, as it is not necessary that every inhabitant of every village knows..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Subsequent purchaser - Plea of bonafide purchaser - Subsequent purchaser only denied the agreement between vendors and plaintiff - No witness is examined on his behalf - Facts on record disclose that vendors made conscious efforts to ensure that plaintiff did not obtain an..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Impleadment of party - Suit for specific performance - Transferee pendente lite - (i) a subsequent purchaser is a necessary and proper party; (ii) after sale, the owner can lose interest in litigation, thus it can adversely affect the right of the subsequent purchaser; (iii) S.52 of the Transfer..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Subsequent purchasers - Plea of bonafide purchaser - Plaintiff has led voluminous evidence to substantiate his plea that subsequent purchasers had knowledge of agreement to sell in his favour - Testimony of plaintiff in this regard finds due corroboration from the statements..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Impleadment of subsequent purchaser - Suit for Specific performance - Subsequent purchaser prima facie have no knowledge either of pendency of suit or passing of decree in favour of respondent No.1 - Sale deed in favour of subsequent purchaser does not automatically become void or illegal but..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent bonafide purchaser - Sale deed not executed by purchaser within stipulated period - Vendor terminated sale agreement - Property sold to one `A' - Held, subsequent purchaser is a bonafide purchaser...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit for specific performance - Impleading of subsequent purchaser during pendency of suit and in violation of the stay order - Subsequent purchaser already filed a suit for declaration that he is a bonafide purchaser - Application dismissed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Agreement to sell-- Specific performance - Bonafide subsequent purchaser for value without notice - Enquiry not made as to who is in cultivating possession of suit land - Jamabandi also not looked into to know as to who is cultivating the land - Having his own agricultural land adjoining the land in question,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111-- Agreement to sell - Subsequent purchase - Bonafide purchaser - Burden of proof - Suit for specific performance of agreement to sell - Burden lies on subsequent purchaser to prove that he is a bonafide purchaser without notice of the prior agreement -Plaintiff not to show that subsequent purchaser..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111-- Agreement to sell - Subsequent/bonafide purchaser - Denial of having no notice of previous agreement - Discharge of onus - Shifting of burden - Depends on facts and circumstances of each case - No hard and fast rules can be laid down - In some case, even mere denial by subsequent purchaser and..........

Showing : 1-10 of 32 Results