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1971 Supreme(Guj) 99

A.A.DAVE
JESINGJI KHODAJI – Appellant
Versus
RAMESHCHANDRA KANTILAL SHAH – Respondent


Advocates Appeared: I.C.BHATT, S.J.SHAH, V.J.DESAI

A. A. DAVE, J.

( 1 ) [ His Lordship after discussing facts of the case held that: If pursuant to the order passed by the competent court the receiver negotiated with the tenants including the present plaintiffs and entered into an agreement of sale no subsequent order by the same court can be passed which may prejudicially affect the rights of the tenants who under the bona fide belief had entered into the contract. ]. . . . . . . . . . . . . . . . . . HIS Lordship further observed:

( 2 ) 18 Lastly it was contended on behalf of respondent No. 3 in all the appeals who were original defendants No. 3 in the suits that they being the bona fide purchasers for value without notice the sales. executed in their favour by the receivers cannot be affected even if it was held that the receivers had committed a breach of the contract. Reliance was placed on sec. 28 (b) of the Specific Relief Act 1877 wherein it is stated thatexcept as otherwise provided by this chapter specific performance of a contract may be enforced against (a) either party thereto; (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 g





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