Agreement to sell -- Specific performance - Subsequent purchaser - Plea of bonafide transferee for value without notice - Agreement to sell registered on 26.08.1985 - Subsequent sale executed on 28.10.1987 - Subsequent purchaser will be deemed to have notice of execution of earlier agreement to sell...........
Transfer of Property Act, 1882, Section 52 -- Transfer of property pending suit - Effect of S.52 of the Act which incorporates the doctrine of lis pendens is that the transfer will be subject to the outcome of the suit and that the plea of bonafide purchase or the lack of notice are not available to the purchaser against this doctrine - Transfer of property made lis..........
Agreement to sell -- Specific performance - Plea of bonafide purchaser - Registered sale deed executed in favour of subsequent purchaser - However, sale deed does not indicate date and manner in which sale consideration was paid - Said sale deed does not make any reference to any of two alleged un-registered agreement to sell executed between vendor and subsequent..........
Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer whether for valuable consideration and without notice of the original contract - Even before institution of suit for specific performance a public notice was published in a newspaper informing the public about the agreement with the plaintiffs - After..........
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, visiting the place frequently, cannot be ignorant and is..........
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..........
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..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchaser from vendor - Suit for specific performance - Subsequent purchaser merely denying having no notice of the previous agreement - Plaintiff and subsequent purchaser first cousin and resident of same village - Litigation between vendor and..........
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...........
