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2000 Supreme(SC) 1240

SHIVARAJ V.PATIL, S.S.M.QUADRI
Ram Niwas – Appellant
Versus
Bano – Respondent


Judgement Key Points

Based on the legal document provided, here are the key points summarized with the corresponding references:

  • Legal Principle of Specific Performance: Section 19(b) of the Specific Relief Act, 1963 allows specific performance to be enforced against any transferee claiming under the vendor by a title arising subsequently to the contract, with the exception of a transferee for value who has paid in good faith and without notice of the original contract (!) (!) (!) (!) .
  • Requirements for Excluded Transferees: To be excluded from specific performance, a transferee must prove they purchased for value,

JUDGMENT

Syed Shah Mohammed Quadri, J.-The scope of Section 19(b) of the Specific Relief Act read with Explanation II to Section 3 of the Transfer of Property Act and the provisions of Section 20(2) of the Specific Relief Act, 1963, determine the result of this appeal.

2. It will be apt to begin our discussion with Section 19(b) of the Specific Relief Act, 1963 which is in the following terms :

"19. Relief against parties and persons claiming under them by subsequent title -Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against-

(a) xxx xxx xxx

(b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract;

(c) to (e) xxx xxx xxx"

3. Section 19 provides the categories of persons against whom specific performance of a contract may be enforced. Among them is included, under clause (b), any transferee claiming under the vendor by a title arising subsequently to the contract of which, specific performance is sought.

























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