SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(Ker) 175

K.T.SANKARAN
Padmaja – Appellant
Versus
Erattil Sajeev – Respondent


Judgment :-

The questions of law arising for consideration in this revision are: (1) Whether a subsequent transferee of the property which was the subject matter of a suit for specific performance is entitled to invoke Sections 19(b), 22 or 28 of the Specific Relief Act; and (2) Whether a transferee against whom Section 52 of the Transfer of Property Act applies is entitled to be heard in opposition to the execution of the document and delivery of possession in favour of the decree holder.

2. The suit, O.S.No.774 of 1993, on the file of the Court of the Subordinate Judge of Kozhikode was filed by the first respondent in this revision against respondents 2 and 3, for specific performance of an agreement for sale dated 30.5.1993, executed between the plaintiff and the first defendant. The second defendant was impleaded in the suit on the ground that he was a subsequent transferee. The suit was filed on 16.11.1993. Since the first defendant contended that he had transferred the property to the second defendant, he was impleaded as per order in I.A.No.2147 of 1994 dated 21.3.1985. The second defendant contended in the written statement that he assigned the property to third parties.

3. T





























































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top