Ram Peary vs Gauri - 1977 Supreme(All) 499

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1977 Supreme(All) 499

HARI SWARUP, PREM PRAKASH
Ram Peary – Appellant
Versus
Gauri – Respondent

Advocates appeared:
M.K. Seth, for the Appellant;

JUDGMENT

Prem Prakash, J. - Doubting the correctness of the decision of this Court in Ganga Charon v. Bans Bahadur Singh AIR 1975 Alld. 25 a learned Single Judge of this Court has made this referring order which posits the following: Whether Section 52 of the Transfer of Property Act is subject to Section 19(b) of the new Specific Relief Act.

2. Section 19(b) of the Act says that "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 good faith and without notice of the original contract".

3. The counsel appearing on behalf of the subsequent purchaser has contended that until the suit of earlier 'contractor' is decreed, the contract to sell and purchase between him and the vendor is nothing but an agreement which does not create any interest in Immovable property. The title to the property has validly passed from the vendor and resides in the subsequent transferee; the sale to the latter is not void but only voidable at the option of the "earlier contractor". It would therefore, be illogical to direct the vendor

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