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1986 Supreme(Ker) 120

VARGHESE KALLIATH
ALI ROWTHER – Appellant
Versus
KOCHUPENNU – Respondent


Judgement Key Points

Key Points: - The judgment holds that a subsequent purchaser with notice of the contract is bound by the obligations of the decree for specific performance, including delivery of possession to the plaintiff. (!) (!) (!) - The proper form of a decree in specific performance may direct the subsequent transferee to join in the conveyance to pass title to the plaintiff, and the executing court has the power to issue necessary directions to give full effect to the decree. (!) (!) (!) (!) - The executing court's duty is to implement the decree to give possession or delivery of property to the decree holder, even when the decree does not explicitly name possession against the subsequent transferee, by aligning with the contract and equitable principles. (!) (!) (!) - The liability and obligations of the subsequent purchaser with notice are recognized under trust and property law principles, making them subject to the contract and to deliver possession as necessary to give effect to the contract. (!) (!) (!) - The court may treat the decree as enabling steps to deliver possession and ensure the title passes to the plaintiff, avoiding separate suits for possession where appropriate. (!) (!) (!)

What is the obligation of a subsequent purchaser with notice to deliver possession under a decree for specific performance?

What is the proper form and scope of a decree in a suit for specific performance when a subsequent transferee is involved?

What are the executing court's powers and duties to give effect to a decree for specific performance involving a subsequent purchaser with notice?


Judgment :-

1. This revision arises from an order in execution. A decree in a suit for specific performance is sought to be executed.

2. The facts are these: Plaintiff filed the suit O. S.21/80 to restrain the defendants in the suit from alienating the decree schedule property. When the plaintiff came to know of the fact that the property had already been sold, the suit was withdrawn and a fresh suit O. S.32 of 1980 was filed. In this suit, the plaintiff prayed for setting aside the sale deed executed by the defendants 1 to 3 in favour of the 4th defendant and for giving effect to the agreement which enabled the plaintiff to obtain a sale deed in his favour from defendants 1 to 3.

3. The suit was decreed. The sale deed in favour of the 4th defendant by defendants 1 to 3 was set aside. The court directed defendants 1 to 3 to execute a sale deed in favour of the plaintiff. This decree of the trial court was confirmed by the appellate court.

4. The 4th defendant-revision petitioner is taking up the position that even though the sale deed in his favour stands set aside and the other defendants are obliged to execute a sale deed, he has no obligation deliver possession of the property and









































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